The Philippine Senate could formally sit as an impeachment court as early as Wednesday, May 13, pending the outcome of a House vote expected Monday on the Articles of Impeachment against Vice President Sara Duterte.
Sen. Sherwin Gatchalian said the timeline hinges on whether the lower chamber transmits the charges to the Senate by Tuesday. Senate President Vicente Sotto III has signaled he wants proceedings to begin without delay once that transmission occurs.
“Based on SP’s statements, the impeachment court will be convened on Wednesday,” Gatchalian said in a radio interview Sunday.
The House needs at least 106 votes to formally impeach Duterte. Should Monday’s deliberations succeed, the case moves to the Senate, where constitutional language has become a point of discussion ahead of trial.
Gatchalian maintained that the Constitution leaves little room for ambiguity on the matter. “It’s very clear in the Constitution — to try forthwith. So that means the duty of the Senate, once the Articles of Impeachment are transmitted, is to try,” he said.
A recent Supreme Court ruling addressed the meaning of “forthwith” in the 1987 Constitution’s impeachment provisions, finding that the term does not impose a fixed deadline on the Senate to begin trial. The high court said timing remains within the chamber’s discretion, provided the decision is grounded in reasonable basis. That ruling came in response to a 2025 petition seeking to compel the Senate to convene immediately upon receiving the articles.
Gatchalian acknowledged that procedural motions could still arise once the impeachment court is formed. He pointed to a precedent from the 19th Congress, when Sen. Ronald “Bato” Dela Rosa filed a motion to dismiss before the court had even convened. “Things can happen,” he said, though he declined to speculate on specific moves.
He stressed that any such motion would need to clear a substantive legal threshold. “There can’t be a motion without a reason. Again, it’s very clear in the Constitution to forthwith proceed to trial. There are no other leeways stated by the Constitution,” Gatchalian said.
He added that both prosecution and defense would have the opportunity to lay out their positions once the trial formally begins.
