Add a Comment
A writ of mandamus compels a public official to perform a ministerial duty—one that must be done without discretion. However, impeachment involves:
✔ Judgment and deliberation
✔ Policy considerations
✔ Reviewing the sufficiency of charges
Since these are discretionary functions, mandamus cannot be used to force the Senate to proceed with an impeachment trial.
Recent Petition and the Meaning of 'Forthwith'
A petition was filed in the Supreme Court seeking to compel the Senate to immediately convene as an impeachment court for Vice President Sara Duterte, arguing that the Constitution requires the Senate to act "forthwith" upon receiving the Articles of Impeachment.
However, “forthwith” does not mean instant action but rather without unreasonable delay, considering practical constraints. Senate President Francis Escudero confirmed that the impeachment trial would begin after the President’s State of the Nation Address in July, which aligns with the Senate’s legislative calendar.
Thus, the petition lacks legal basis—the Senate's power over impeachment is exclusive and discretionary, and courts cannot dictate when and how it acts.
Supreme Court Rulings: Courts Cannot Intervene in Impeachment
The Supreme Court has consistently ruled that impeachment is a political process, not a judicial one. In Francisco, Jr. v. House of Representatives, G.R. No. 160261, November 10, 2003, the Court said:
✔ Impeachment is beyond judicial review, except in cases of grave abuse of discretion
✔ Congress has full control over impeachment proceedings
✔ Mandamus cannot override legislative discretion
Similarly, in Lozano v. Nograles, G.R. No. 187883, June 16, 2009, the Court ruled that judicial power applies only to actual cases or controversies, and courts should not interfere in political matters like impeachment.
Bottom Line: The Senate Controls Impeachment, Not the Courts
✔ Impeachment is Congress’ duty alone
✔ Mandamus cannot force the Senate to act
✔ The Supreme Court does not interfere in political questions
Forcing the Senate to act based on an arbitrary interpretation of "forthwith" violates the separation of powers. The petition to compel the Senate will likely fail because it disregards the Senate’s constitutional authority.
By Atty. Phil Juris
✔ Judgment and deliberation
✔ Policy considerations
✔ Reviewing the sufficiency of charges
Since these are discretionary functions, mandamus cannot be used to force the Senate to proceed with an impeachment trial.
Recent Petition and the Meaning of 'Forthwith'
A petition was filed in the Supreme Court seeking to compel the Senate to immediately convene as an impeachment court for Vice President Sara Duterte, arguing that the Constitution requires the Senate to act "forthwith" upon receiving the Articles of Impeachment.
However, “forthwith” does not mean instant action but rather without unreasonable delay, considering practical constraints. Senate President Francis Escudero confirmed that the impeachment trial would begin after the President’s State of the Nation Address in July, which aligns with the Senate’s legislative calendar.
Thus, the petition lacks legal basis—the Senate's power over impeachment is exclusive and discretionary, and courts cannot dictate when and how it acts.
Supreme Court Rulings: Courts Cannot Intervene in Impeachment
The Supreme Court has consistently ruled that impeachment is a political process, not a judicial one. In Francisco, Jr. v. House of Representatives, G.R. No. 160261, November 10, 2003, the Court said:
✔ Impeachment is beyond judicial review, except in cases of grave abuse of discretion
✔ Congress has full control over impeachment proceedings
✔ Mandamus cannot override legislative discretion
Similarly, in Lozano v. Nograles, G.R. No. 187883, June 16, 2009, the Court ruled that judicial power applies only to actual cases or controversies, and courts should not interfere in political matters like impeachment.
Bottom Line: The Senate Controls Impeachment, Not the Courts
✔ Impeachment is Congress’ duty alone
✔ Mandamus cannot force the Senate to act
✔ The Supreme Court does not interfere in political questions
Forcing the Senate to act based on an arbitrary interpretation of "forthwith" violates the separation of powers. The petition to compel the Senate will likely fail because it disregards the Senate’s constitutional authority.
By Atty. Phil Juris
Paste your links or Text and Make Easy Money!
PastePeso is Pastebin Site. Earn Money Online By Pasting Links on our hassle free platform where multiple kinds of publishing could be easily created. So whether you have a Blog, website, Social Media stuffs just paste links to your content share the links and receive high payouts from Revenue Share Program.
Easy Payment Anytime
Your payment procedure is very simple and you don’t have to wait for long in order to get the payment. At any time of the day you can schedule a payout. We can pay you via GCash, PayMaya, CoinsPH, Paypal or Bank Transfer.
To share this paste please copy this url and send to your friends
This text must comply to our Terms and Conditions otherwise it will be removed from our Server.
Join Now!
You will earn Money from our Revenue Share Program!
It is Free and we don't ask any money from you! Join Now!
How to Earn? Click Here for more info
You want to know more? Visit our F.A.Q Click Here
You want Proof of Payments? Click Here