
A petition was filed by lawyer Catalino Generillo Jr. before the Supreme Court, urging it to direct the Senate to immediately constitute itself as an impeachment court, even during Congress’ recess, and begin the trial of Vice President Sara Duterte.
In his petition for mandamus, filed on 14 February, Generillo argued that the Senate has a "constitutional duty" to immediately form an impeachment court and start the trial as required by the 1987 Constitution. He emphasized that constitutional provisions on impeachment set clear timelines for each stage of the process.
Generillo pointed out that the Constitution mandates the Senate to proceed with the trial “forthwith” once a verified complaint, supported by at least one-third of the House, is filed. He cited that "forthwith" means “immediately,” “at once,” and “without delay,” and that there is no reason for the Senate to delay the proceedings.
He further criticized the Senate’s claim that it cannot act during recess, arguing that the Constitution does not allow for such procrastination.
The Senate had adjourned its session on 5 February without taking up the impeachment case transmitted by the House of Representatives on the same day. Senate President Francis Escudero had previously stated that the Senate could not legally begin the trial while Congress is on break, and that the Senate would review its rules on impeachment during the recess. Proceedings are set to begin when sessions resume in June.