Citing a specific constitutional provision that requires the immediate formation of an impeachment court, a former state lawyer has petitioned the Supreme Court to direct the Senate to “immediately” convene as an impeachment court and begin the trial of Vice President Sara Duterte.

Lawyer Catalino Generillo Jr., a former counsel of the Presidential Commission on Good Government (PCGG), asked the High Tribunal “for the issuance of a writ of mandamus directing the members of the Senate to immediately constitute themselves into an impeachment court and ‘forthwith’ conduct a public trial of Vice President Sara Zimmerman Duterte without further delay.”

The petition stated that in the Oxford dictionary, among the meanings of “forthwith” are “immediately,” “at once,” “instantly,” “directly,” “right away,” “straight away,” “now,” “instantaneously,” and “without delay.”

Geronilllo noted that none of the members of the Senate are suffering from any disability that would prevent them from constituting themselves into an impeachment court and conducting the trial “forthwith.”

Senate as respondent

The petition, which the SC received on 14 February, named the Senate as the respondent in the petition.

Senate President Francis Escudero had said that the Senate impeachment trial would start after the 3rd State of the Nation Address (SoNA) of President Ferdinand Marcos Jr. in July.

He, however, said the impeachment court will convene on 2 June, denying allegations the Senate was delaying the start of the trial.

By 2 June, the 12 newly elected senators would be known but Escudero said the senators could not proceed with the trial as the impeachment court could only be convened when the chamber is in session, which wouldn’t be until after the SoNA.

The Senate Secretariat received the documents on Duterte’s impeachment from the House of Representatives, signed by more than 200 members, on 5 February, Congress’ last session day before the midterm elections on 12 May.

“Most likely when the new Congress enters into its functions — that means after the SoNA. The SoNA, I think, is on 21 July. So the trial will commence after that day,” Escudero said.

Generillo, however, in his petition for mandamus, said that under the Constitution the Senate has “the inescapable constitutional duty to immediately constitute itself into an impeachment court” and start the trial.

He pointed out that the constitutional provisions on impeachment establish definite periods within which specific acts should be done regarding an impeachment complaint.

Under the Constitution, a verified impeachment complaint shall be included in the order of business of the House of Representatives within 10 session days and referred to the proper committee within three session days.

No procrastination

After voting, the committee has to submit its report to the House within 60 session days from referral.

It also states that if a verified complaint is filed by at least one-third of the House, this shall constitute the Articles of Impeachment “and the trial by the Senate shall forthwith proceed.”

He said, “In the final analysis, the Constitution does not allow the Senate to procrastinate during the period it is on recess on whether it shall constitute itself into an impeachment court and try the Vice President.”

“If it were so, the framers of the Constitution wrote a useless provision. Woe to the so-called doctrine of supremacy of the Constitution,” he added.

On 5 February, the Senate adjourned its session without tackling the impeachment complaint transmitted by the House of Representatives on the same day.

Escudero earlier said the Senate could not legally begin the impeachment trial while Congress was on break.

He said the impeachment case was not referred to the plenary before the session adjourned, so there was no basis for the Senate to convene as an impeachment court.

He also said that during the recess, the Senate will review and update its rules on impeachment.

The Senate President said the senators would have to approve the new rules and ask VP Duterte to submit her response.

There will also be a pre-trial and the preparation of judicial affidavits before the actual trial.

Contrary view

As for those saying the trial should begin “forthwith,” he said that this did not mean right away, citing the impeachment cases against Ombudsman Merceditas Gutierrez and Chief Justice Renato Corona.

Those impeachment trials were scheduled after the Congress recess.

Duterte was impeached for culpable violation of the Constitution, betrayal of public trust, and other high crimes.