Senate Cannot Comment on Sara's Petition vs Impeachment

As an impeachment court, the Senate cannot comment on the petition filed by Vice President Sara Duterte with the Supreme Court contesting her before impeachment trial.

- With Delon Porcalla, Jose Rodel Clapano

The Senate made its position known in a Manifestation Ad Cautelam or "in lieu of the required comment" filed yesterday with SC through legal counsel Maria Valentina Cruz.

The chamber said the Constitution explicitly directs the upper chamber to convene as an impeachment court to hear and decide on cases involving impeachable officials.

The Senate said it has the sole authority to decide on impeachment cases in accordance with its mandate under the Constitution, and thus cannot comment on Duterte's petition seeking to nullify the impeachment proceedings against her.

"Respondent Senate, which has the sole power to try and decide all cases of impeachment under the Constitution, cannot therefore possibly make a comment on the Petition and thus, asks the Honorable Court that it be excused from submitting the comment," the Senate said in its pleading.

"Respondent Senate further requests that this Manifestation Ad Cautelam be admitted in lieu of the required be considered as compliance with the En Banc Resolution dated February 25, 2025," it added.

A Manifestation Ad Cautelam is a declaration made "out of caution" as a response to a petition filed in court.

Copies of the Senate's manifestation were furnished to the Fortun Narvasa & Salazar law office, which serves as counsel for Duterte; the House of Representatives, through Speaker Martin Romualdez; House Secretary General Solicitor General.

The Senate has scheduled the start of Duterte’s impeachment trial on July 30.

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