By Benjamin Pulta
MANILA – The Supreme Court (SC) on Wednesday junked a petition seeking to compel the Senate to convene “forthwith” as an impeachment court to try the charges filed against Vice President Sara Duterte in 2025.
In an 14-0-1 verdict penned by Associate Justice Rodil V. Zalameda, the high tribunal en banc dismissed the petition filed by Catalino Aldeo Generillo Jr., saying the “mandamus, which is meant to enforce a clear legal duty, was not the proper remedy.”
“The SC considered the petition moot because the Senate had begun impeachment preparations, and the Articles of Impeachment against Vice President Duterte were nullified by the SC’s July 25, 2025 Decision and January 28, 2026 Resolution in Duterte v. House of Representatives,” the SC said.
“A case is moot when subsequent events remove any issues, making court rulings unnecessary. Since no Articles of Impeachment remained, the SC had no reason to order the Senate to convene as an impeachment court,” it added.
The SC said it ruled that the Senate’s actions within its sphere cannot be revised or controlled by the judicial department through mandamus.
“As a co-equal constitutional body, the Senate’s exercise of its duties is beyond the SC’s power of review, except in cases of grave abuse of discretion,” it said.
“However, specifically for this case and in the interest of equity, the SC treated the petition as one for certiorari and proceeded to determine whether the Senate acted unlawfully or abused its discretion when it did not convene immediately as an impeachment court during its session break,” the court added.
Contrary to the petitioner’s claim, the SC said it found that the Senate acted on the impeachment complaint in a timely manner.
The SC clarified that the term “forthwith” in Article XI, Section 3(4) of the Constitution “means within a reasonable time, which may be longer or shorter, depending on the circumstances of each case.”
“This allows the Senate to make the necessary preparations to convene as an impeachment court,” it said.
“While the Constitution does not set an exact date for the trial, the Senate must avoid undue delay to uphold the principle that public officers must at all times be accountable to the people,” the SC added. (PNA)
