The Supreme Court (SC) has placed on its en banc agenda for 18 February a request to compel the Senate to convene as an impeachment court immediately, despite Congress being in recess, and to proceed with the trial of Vice President Sara Duterte.

“Regarding the petition seeking to compel the Senate to start the impeachment trial of VP Sara, the case was raffled off today (17 February) and will possibly be included in tomorrow’s agenda, along with other petitions,” the SC said in a Viber message to reporters.

Earlier, Atty. Catalino Generillo Jr. filed a petition before the SC to direct members of the Senate to constitute themselves into an impeachment court immediately.

In his petition for mandamus filed on 14 February, the lawyer averred that the Senate has “the inescapable constitutional duty to immediately constitute itself into an impeachment court” and open the trial based on the 1987 Constitution.

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

The Constitution states that 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.

The committee, after voting on it, has to submit its report to the House within 60 session days from referral.

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

He, however, said the impeachment court could convene on 2 June, during which the 12 newly elected senators would be known.

Still, Escudero said the senators could not proceed with the trial at the time 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 215 members, on 5 February, Congress’ last session day before the midterm elections on 12 May.

Meanwhile, former Integrated Bar of the Philippines national president Domingo Cayosa said the Senate should begin the impeachment trial of the Vice President.

He said the language of the Constitution is clear: the trial should commence forthwith upon receipt of the Articles of Impeachment, meaning there should be no delay.

Section 3(4), Article XI of the 1987 Constitution states: “In case the verified complaint or resolution of impeachment is filed by at least one-third of all the members of the House, the same shall constitute the Articles of Impeachment, and a trial by the Senate shall forthwith proceed.”

Cayosa averred that the delay in the trial may have to do with reelectionist senators needing to campaign while fearing a backlash from voters. He believed, however, the SC is unlikely to order the immediate start of the trial.