SC Junks Petitions Versus Lower Impeach Vote To Convict; Rodriquez To File Appeal

The Supreme Court has junked the three petitions challenging the ruling of the Senate impeachment court that allowed a lower number of votes to convict Vice President Sara Duterte.

The Supreme Court dismissed the three separate petitions filed by former executive secretary Vic Rodriguez, lawyer Ernesto Francisco Jr. and disbarred lawyer Berteni Causing, according to the SC’s press briefer issued on Wednesday, Sept. 30.

Their petitions were shelved due to “lack of standing and prematurity,” the SC noted.

The impeachment court welcomed the dismissal of the petitions, declaring that it rendered the trial “constitutionally bulletproof.”

“By junking these challenges, the highest court has drawn a definitive firewall around the independence of the Senate as an impeachment court, confirming that its proceedings cannot be held hostage by premature judicial meddling or collateral litigation,” impeachment court spokesman Reginald Tongol said. 

Senate President Sherwin Gatchalian said the SC’s refusal to issue a temporary restraining order and status quo ante order validates the chamber’s actions allowing a variable vote denominator to convict.

“It means that what the impeachment court is doing is within its bounds and within its constitutional allowance,” Gatchalian said.

The House prosecution also welcomed the SC ruling.

“It allows the trial to proceed without delay and keeps the focus where it belongs – on the evidence already before the Senate impeachment court,” panel spokesman Lanao del Sur Rep. Zia Alonto Adiong said.

House prosecutor Bicol Saro Party-list Rep. Terry Ridon said the SC ruling would allow the impeachment proceedings to continue without further distraction. 

The two-thirds threshold would hinge on the number of senator-judges actually present during the impeachment trial, which now stands at 20 from the regular 24 due to various reasons. This would make the new threshold to convict respondent at 14.

At present, Senators Jinggoy Estrada and Rodante Marcoleta are detained due to their plunder and graft cases while Sen. Ronald dela Rosa, who is subject of an arrest warrant from the International Criminal Court, remains at large. Sen. Loren Legarda has been overseas and on medical leave since August.

Last week, the impeachment court ruled the constitutional provision requiring “two-thirds of all members of the Senate” to convict impeachable officials excluded in particular senators who are detained and suspended, in hiding or on sick leave.

Motion for reconsideration

In an interview with “Sa Totoo Lang” on One PH on Wednesday, Rodriguez said he would file a motion for reconsideration to convince the SC to reverse its ruling.