What will be Vic Rodriguez’s arguments in his fight vs impeachment threshold?

Marian Hukom/Rappler

In his appeal, Rodriguez says he will reiterate his 'intergenerational sovereignty' argument

AT A GLANCE

• The Supreme Court dismissed petitions challenging the adjusted threshold for conviction in Vice President Sara Duterte's impeachment, citing the petitions as premature and the petitioners' lack of legal standing.
• Vic Rodriguez, a petitioner and ally of Duterte, plans to appeal the ruling, arguing that the issue is ripe for consideration due to alleged unconstitutional amendments to the Constitution.
• The Vice President's camp is still deliberating on whether to file a petition regarding the adjusted threshold, emphasizing the need for careful consideration of their arguments.

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The Supreme Court (SC) junked on Wednesday, September 30, the petitions challenging the adjusted threshold for conviction in Vice President Sara Duterte’s impeachment.

There were three petitions, and one of them was filed by Vic Rodriguez – President Ferdinand Marcos Jr.’s former executive secretary and now an ally of Duterte.

In the ruling, the SC said it was too early – the petitions were premature – so it junked the cases. The decision also cited lack of legal standing or locus standi of the petitioners. A petitioner must have legal personality or a right to file a petition for a legal action to prosper in court.

The SC, at least based on the available briefer, did not dwell on the merits of the case. The petitions were dismissed on procedural grounds.

Rodriguez said he will appeal the ruling. He argued that the issue is not premature.

“Dito, hinog na hinog na ‘yong kontrobersiya. Bakit? Ginalaw na nga ‘yong ating saligang batas, nagkaroon ng amiyenda, illegal, unconstitutional. Hindi dapat hahayaan ng kataas-taasang hukuman,” Rodriguez said in a Facebook live. “But again, we still have 15 days from receipt of the resolution upang tayo ay maghain ng motion for reconsideration.”

(Here, the controversy is already ripe. Why? Because the Constitution has been amended – illegally and unconstitutionally. The Supreme Court must not let that happen. But again, we still have 15 days from receipt of the resolution to file a motion for reconsideration.)

Article XI, Section 3(6) of the 1987 Constitution states that a person may “be convicted without the concurrence of two-thirds of all the Members of the Senate.”

When the Senate impeachment court adjusted this threshold, it stated that it will count only the vote of senator-judges who are “legally and factually capable” of participating in the proceedings at the time of the vote.

In his appeal, Rodriguez said he will reiterate his “intergenerational sovereignty” argument. This is his locus standi, according to him.

“Ibig sabihin po nito, ang bawat henerasyon ay may karapatan at kalayaang magpasya, magdesisyon para sa kanilang sarili sa kasalukuyang panahon, at hindi dapat igapos o limitahan ng mga desisyon no’ng mga naunang henerasyon,” the lawyer explained.

(This means that every generation has a right and freedom to decide for themselves at present, and cannot be bound by the decisions of the previous generations.)

“And this is precisely the locus stand or our legal personality when we filed the petition for certiorari,” he added.

Having locus standi was really the challenge in Rodriguez’s fight against the threshold. He had to prove, after all, that he has a personal interest in the case or is directly affected by it.

With respect to the camp of the Vice President, the party that may be affected by the adjusted threshold, it’s still uncertain when they will file a petition. But it’s still on the table, according to defense lawyer and spokesperson Michael Poa.

“Now, if you’re asking what about the defense if whether we will file, definitely that’s still on the table,” Poa said in a mix of Filipino and English on Thursday, October 1.

“We’re just talking if we really need to file and if we need to file, what would be the main arguments that we will raise. Because of course, we want that when we file with the Supreme Court, we also don’t want to waste the court’s time,” he added. – Rappler.com