The Supreme Court (SC) En Banc has directed the Senate to submit its comment on a petition seeking to compel the chamber to convene as an impeachment court and immediately proceed with the trial of Vice President Sara Duterte.
In a resolution issued during its session on February 18, 2025, the High Court required the Senate to respond within a non-extendible period of 10 days from receipt of notice. The petition, filed by Atty. Catalino Aldea Generillo Jr., asks the SC to issue a writ of mandamus ordering senators to “immediately constitute themselves into an impeachment court and forthwith conduct a public trial” without delay.
SC spokesperson Atty. Camille Sue Mae Ting emphasized the urgency of the matter, stating that impeachment is a nationwide concern requiring immediate attention. “I can’t say what they [SC En Banc] deliberated on, specifically the reason for the urgency, but impeachment is a nationwide concern that will be treated with urgency because of the gravity of the matter,” she said.
Generillo argues that the Senate is constitutionally mandated to proceed with the impeachment trial without delay, citing the term “forthwith” in the 1987 Constitution, which he interprets as “immediately” or “without delay.” He also stressed that no senator is physically or mentally incapacitated from forming an impeachment court and conducting the trial.
Article XI of the 1987 Constitution outlines the accountability of public officials and grants the House of Representatives the exclusive power to initiate impeachment cases. If a verified complaint or resolution is filed by at least one-third of House members, the Articles of Impeachment are transmitted to the Senate, and the trial “shall forthwith proceed.”
The SC has previously ruled that while mandamus is generally a remedy for official inaction, it cannot be used to reverse actions already taken or correct past wrongs, even if the act in question was illegal.
With the Senate now required to comment, the SC’s ruling on the petition could set a precedent for how impeachment proceedings are handled in the future.
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