The Supreme Court has instructed the Senate to submit a response within 10 days to a petition urging the immediate commencement of the impeachment trial against Vice President Sara Duterte.
The directive was issued following the SC’s full court session on February 18, 2025, in response to a petition filed by lawyer Catalino Aldea Generillo Jr.
The petition, which lists all senators as respondents under the leadership of Senate President Francis G. Escudero, argues that the Senate has a constitutional obligation to convene as an impeachment court without delay.
Generillo cites Section 3(4) of Article XI of the 1987 Constitution, which states that once an impeachment complaint has the backing of at least one-third of House members, the Senate must proceed with a trial immediately.
He also highlights the use of the word “forthwith” in the provision, which, according to the Oxford Dictionary, means “immediately,” “at once,” “instantly,” and “without delay.”
Generillo’s petition is a mandamus action, a legal remedy used to compel a tribunal, board, or public official to perform an act required by law. He argues that the Senate has no discretion to delay convening as an impeachment court.
The impeachment complaints against Duterte include allegations of culpable violation of the Constitution, betrayal of public trust, graft and corruption, and other high crimes. The House of Representatives transmitted the verified complaints to the Senate on February 5, just before Congress adjourned its session.
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However, Senate President Escudero has previously stated that the Senate cannot initiate the impeachment trial while Congress is in recess. He further explained that the impeachment case was not referred to the plenary before adjournment, which means the Senate has not yet formally taken up the matter.
Escudero also stated that when the Senate reconvenes in June, it will first review and update impeachment trial rules before proceeding with pre-trial preparations.
It remains unclear whether the Senate will submit its response independently or be represented by the Office of the Solicitor General (OSG) in the case.
With the Supreme Court’s directive in place, the Senate must submit its response within the given timeframe.
The Court will then review it and decide whether to order an immediate trial or allow the Senate to wait until sessions resume. Its decision will impact the impeachment process and legal proceedings.
Possible Consequences if the Senate Fails to Respond in Time
If the Senate does not respond within 10 days, the Supreme Court may act based on legal precedent. It could decide solely on the petition, compel the Senate to act, or set a final deadline.
The Court may also hold hearings to clarify the Senate’s obligations. Non-compliance could result in legal motions enforcing the directive, depending on how the SC interprets its authority and the Senate’s role in impeachment proceedings.
