SC urged to compel Senate to convene as VP Sara impeachment court

A petition has been filed with the Supreme Court (SC) seeking to compel the Senate to “immediately” convene as an impeachment court and begin the trial of Vice President Sara Duterte.

In a 22-page petition for mandamus filed on Friday, lawyer Catalino Generillo Jr. argued that the Constitution does not permit the Senate to delay its duty during recess, stating that it must promptly constitute itself as an impeachment court and try the Vice President.

Generillo, a former Presidential Commission on Good Government special government counsel, argued that the Senate has the "inescapable constitutional duty to immediately constitute itself" into an impeachment court upon receiving the Articles of Impeachment from the House of Representatives.

Citing Article XI Section 3 of the Constitution, Generillo said the Charter was clear on the "definite periods of time" to take specific actions with regard to an impeachment complaint, including:

"In case the verified complaint or resolution of all Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed."

Generillo emphasized that the Constitution mandates the Senate to act “forthwith,” meaning immediately, as defined by the Oxford dictionary. He urged the SC to issue a writ of mandamus compelling the Senate to convene without delay and begin the public trial.

"In the final analysis, the Constitution does not allow the Senate to procrastinate during the period it is on recess whether it shall constitute itself into a[n] impeachment court and try the Vice President. If it were so, the framers of the Constitution wrote a useless provision. Woe to the so-called doctrine of supremacy of the Constitution," the petition read.

A copy of the petition was sent to Senate President Francis “Chiz” Escudero and the Office of the Solicitor General.

The House of Representatives impeached Duterte on February 5, with 215 lawmakers endorsing the complaint. The Articles of Impeachment were transmitted to the Senate the same day, with an additional 25 congressmen later signing, bringing the total to 240.

Escudero previously stated that the Senate could only convene as an impeachment court when Congress is in session, meaning the trial would begin when the 20th Congress opens in July. 

The ongoing campaign period and the upcoming May 2025 midterm elections have left Congress out of session. The 19th Congress will briefly reconvene on June 2 for two weeks before adjourning sine die.

House Deputy Majority Leader and impeachment prosecutor Lorenz Defensor of Iloilo’s 3rd District on Friday called on the Senate to initiate the trial earlier.

GMA News Online has reached out to the Office of the Vice President and Escudero for comment. This article will be updated with their responses.

Waiting game

In response, Senator Ronald “Bato” Dela Rosa, a known ally of the Duterte family, said Sunday that the Senate will wait for the High Court’s resolution on the petition. 

“Hintayin natin ano sabihin ng Supreme Court. But I'm sure if the Senate says that we’re going to tackle that, I think there's no reason for the Supreme Court to intervene. Sinasabi ng Senado na ma-tackle namin ‘yan pagbalik namin sa session namin,” the senator said in an ambush interview. 

(Let's wait for what the Supreme Court will say. But I'm sure if the Senate says that we're going to tackle that, I think there's no reason for the Supreme Court to intervene. The Senate is saying we will tackle that when we resume our session.) 

“I'm sure magkakaroon ng resolution ‘yan,” he added. 

(I’m sure there will be a resolution on that.) 

Dela Rosa also vowed to remain “apolitical” should he be a senator-judge in the impeachment trial. 

“Wala ako magawa [I can do nothing], being a sitting senator and a senator-judge of the impeachment court. I have to be apolitical. I have to maintain my political neutrality,” he said. 

To recall, Dela Rosa earlier assured the public that he would remain objective if the impeachment trial of the Vice President reaches the Senate.

He is one of the nine senatorial candidates, whom the Dutertes, including Vice President Sara and former president Rodrigo Duterte, endorsed for the 2025 midterm elections, under the banner of PDP Laban.
— DVM/VDV/RF, GMA Integrated News