Supreme Court dismisses petition to force Senate to try VP Sara Duterte


MANILA, April 29, 2026 — The Supreme Court (SC) En Banc unanimously dismissed a petition seeking to compel the Senate to immediately convene as an impeachment court to try Vice President Sara Duterte, ruling that the petition had become moot and that the Senate had not acted unlawfully.

 In a 14-0-1 decision penned by Associate Justice Rodil V. Zalameda, the SC threw out the petition for mandamus filed by private citizen Catalino Aldea Generillo, Jr. (G.R. No. 278311), which sought to force the Senate to hold an impeachment trial against the Vice President.

 Wrong Legal Remedy

 The High Court ruled that mandamus — a legal remedy used to compel a government body to perform a clear legal duty — was not the proper tool to use against the Senate. As a co-equal constitutional body, the Senate's exercise of its duties is beyond the SC's power of review through mandamus, except in cases of grave abuse of discretion.

 "The Senate's actions within its sphere cannot be revised or controlled by the judicial department through mandamus," the decision read.

 In the interest of equity, however, the SC opted to treat the petition as one for certiorari and examined whether the Senate had abused its discretion when it did not immediately convene as an impeachment court during its session break.

 Senate Acted in a Timely Manner

 The Court found no such abuse. Contrary to Generillo's claims, the SC ruled that the Senate acted on the impeachment complaint in a timely manner.

 The SC also clarified the constitutional requirement that an impeachment trial "shall forthwith proceed" under Article XI, Section 3(4) of the Constitution. The word "forthwith," the Court explained, does not mean immediately or on a fixed date — it means within a reasonable time, depending on the circumstances, to allow the Senate to make necessary preparations.

 "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 decision stated.

 Case Rendered Moot

 Ultimately, the SC declared the petition moot, citing its earlier rulings that had already nullified the Articles of Impeachment against VP Duterte — specifically the July 25, 2025 Decision and the January 28, 2026 Resolution in Duterte v. House of Representatives.

With no Articles of Impeachment left standing, the Court said there was no basis to order the Senate to convene as an impeachment court.

 Associate Justice Alfredo Benjamin S. Caguioa took no part in the deliberations.  – The Bangsamoro Reporter Staff


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