The Supreme Court of the Philippines ruled that the Senate cannot be compelled to immediately convene as an impeachment court, affirming its discretion during the 2025 impeachment attempt against Sara Duterte under then Senate President Chiz Escudero.
In a 14-0-1 decision in G.R. No. 278311 Generillo Jr v Senate of the Philippines, the Court dismissed a petition filed by Catalino Generillo Jr. that sought to force the Senate to begin the trial without delay. The petitioner argued that the Constitution’s use of the term “forthwith” required immediate action, even during recess.
The Court rejected the argument and ruled that mandamus was not the proper remedy. It said the Senate, as a co-equal branch, has authority over its internal proceedings and cannot be directed by the judiciary absent grave abuse of discretion.
It clarified that “forthwith” means action within a reasonable time, allowing the Senate to prepare before convening as an impeachment court. The ruling backed Escudero’s position that the chamber could not be required to convene while on recess.
The Court found no unlawful delay and declared the case moot after earlier rulings nullified the Articles of Impeachment against Duterte, leaving no basis to compel the Senate to proceed, illustrating that the Senate at the time of then-Senate President Escudero acted with prudence.
