
MANILA – The Supreme Court (SC) has dismissed a petition seeking to compel the Senate to immediately convene as an impeachment court over the 2025 complaint against Vice President Sara Duterte, declaring the issue moot.
In a 14-0-1 decision written by Associate Justice Rodil V. Zalameda, the SC en banc ruled that the petition for mandamus filed by Catalino Aldeo Generillo Jr. was not the appropriate legal remedy, as it is intended only to enforce a clear and ministerial duty.
The Court explained that the case had already lost relevance after the Senate began preparations for impeachment proceedings. It also noted that the Articles of Impeachment had been nullified in earlier rulings, specifically the Court’s July 25, 2025 decision and January 28, 2026 resolution in Duterte v. House of Representatives.
According to the SC, a case becomes moot when subsequent developments eliminate the need for judicial intervention. With no valid Articles of Impeachment remaining, there was no basis to order the Senate to convene.
The tribunal also emphasized that the Senate, as a co-equal branch of government, exercises powers that are generally beyond judicial control, unless there is clear evidence of grave abuse of discretion.
In the interest of fairness, however, the Court treated the petition as one for certiorari to examine whether the Senate committed any legal violations by not immediately convening during its session break. It found that the Senate acted within a reasonable timeframe.
The SC further clarified that the constitutional term “forthwith” does not mean immediate action, but rather action taken within a reasonable period depending on the situation. This allows the Senate sufficient time to prepare for impeachment proceedings.
While no specific timeline is mandated, the Court stressed that delays must not undermine the constitutional principle of public accountability.
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