No grave abuse in Senate delay — SC

The Supreme Court (SC) on Wednesday dismissed a petition seeking to compel the Senate to immediately convene as an impeachment court to try the case against Vice President Sara Duterte.

In a 14-0-1 decision penned by Associate Justice Rodil Zalameda, the Court rejected the mandamus petition filed by Catalino Aldea Generillo Jr. which asked it to force the Senate to act on the impeachment complaint.

The SC ruled that a mandamus was not the proper remedy, stressing that it applied only when there was a clear, ministerial duty to act. It also reiterated that the Senate, as a coequal branch of government, cannot be compelled through mandamus to perform its constitutional functions, except in cases involving grave abuse of discretion.

However, “in the interest of equity,” the Court treated the petition as one for certiorari and examined whether the Senate committed grave abuse of discretion in not immediately convening as an impeachment court during the session break. It found none.

“Contrary to the petitioner’s claim, the SC found that the Senate acted on the impeachment complaint in a timely manner,” the Court said.

The SC stressed that the Constitution does not impose a fixed deadline for the Senate to begin an impeachment trial. While it requires that the trial “shall forthwith proceed,” the Court clarified that “forthwith” means within a reasonable time, depending on the circumstances, and allows the Senate to make the necessary preparations.