Vice President Sara Duterte has asked the Supreme Court (SC) to nullify for alleged constitutional violation the impeachment complaint that was filed against her by the House of Representatives before the Senate for trial.
In her petition, which was filed on Tuesday, Feb. 18, through the Fortun Narvasa & Salazar law offices, VP Sara asked the SC to issue a temporary restraining order (TRO) to stop the House from proceeding with the impeachment trial and for the Senate to desist from acting on the complaints.
The Vice President also asked the SC that “after proper proceedings, issue a final injunction, nullify and set aside the Fourth Impeachment Complaint filed on February 5, 2025, declare the One-Year Bar to be applicable from the filing of the First Impeachment Complaint, declare the Fourth Impeachment Complaint to be violative of the One-Year Bar under Section 3(5), Article XI of the Constitution and therefore prohibited, and consequently, enjoin respondent Senate or any of its members or representatives from acting on the Fourth Impeachment Complaint in any way.”
A check with the SC showed that the petition, docketed as GR No. 278353, would be raffled on Monday, Feb. 24, to determine who would be the justice-in-charge of the case. Thereafter, the case may be included for deliberation during the SC’s full court session on Tuesday, Feb. 25.
It was not known immediately if VP Duterte’s petition will be consolidated with the other petition that sought the immediate trial of her impeachment complaint.
Last Tuesday, the SC directed the Senate to answer in a non-extendible period of 10 days the petition seeking the immediately trial of the verified impeachment complaints.
The SC acted on the petition filed by lawyer Catalino Aldea Generillo Jr. who cited Section 3(4) of Article XI of the Constitution which 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 trial by the Senate shall forthwith proceed.”
Generillo told the SC that the meanings of “forthwith” in Oxford Dictionary are “immediately,” “at once,” “instantly,” “directly,” “right away,” “straight away,” “now,” “instantaneously,” and “without delay.”
In a press conference on Wednesday, Feb. 19, Senate President Francis Escudero said the Senate is still on recess and can only begin the impeachment trial once the Senate convenes.
In her petition, VP Duterte told the SC:
“The House of Representatives and its members deliberately circumvented the One-Year Bar by directing its Secretary General to allegedly ‘give them more time’ to file the Fourth Impeachment Complaint, despite the fact that three prior separate impeachment complaints had been filed on Dec. 2, 2024, Dec. 4, 2024, and Dec.19, 2024, respectively.
“The reason for awaiting the Fourth Impeachment Complaint is not a secret — to allow the House of Representatives and its members to gather the required number of signatures to railroad the impeachment process, in order to beat the May 12, 2025 elections, which they know results in a change in the composition of Congress, thus making it more difficult to get support for the petitioner’s impeachment.”
