MANILA – A lawyer has submitted a petition for mandamus to the Supreme Court, requesting a directive for the Senate to promptly address the impeachment proceedings against Vice President Sara Duterte-Carpio.
Atty. Catalino Generillo Jr. urged the high court to issue a writ of mandamus, compelling the senators to form an impeachment court and to conduct a public trial “forthwith”, following the House of Representatives’ submission of the impeachment case.
Duterte-Carpio has refuted the allegations against her, including claims of mismanaging the confidential funds allocated to her office, asserting that the actions taken against her are politically motivated.
Legal experts, including a senator and a former associate justice of the Supreme Court, have indicated that the SC may need to adjudicate on matters concerning the impeachment, particularly regarding the timeline for the Senate to convene for trial after receiving the articles of impeachment.
In his petition, Generillo asserted that the senators are not hindered by any physical or mental incapacity that would prevent them from establishing an impeachment court and conducting a public trial to ascertain the Vice President’s guilt or innocence.
Currently, Congress is in recess, and the Senate has not addressed the articles of impeachment that were adopted and forwarded by the House of Representatives on the final day of the session.
Generillo emphasized that the Constitution’s use of the term “forthwith” means “immediately”, “at once”, “instantly”, or “straight away” in relation to impeachment proceedings.
The sessions of both the Senate and the House of Representatives are scheduled to resume following the midterm elections, with Senate President Francis Escudero indicating that the trial may commence in July.
Generillo contended in his petition that the Constitution does not permit the Senate to “procrastinate” during its recess period.
Escudero has said the articles of impeachment have to be checked and verified before inclusion on the Senate’s agenda. He added that House members should not try to push the Senate to act on allegations that it took them months to decide to impeach Duterte-Carpio for./PN
