Senate’s new impeachment voting threshold challenged at Supreme Court

MANILA, Philippines — Former Executive Secretary Victor Rodriguez asked the Supreme Court (SC) to nullify a recent Senate Impeachment Tribunal ruling modifying the threshold required to convict an impeached official.

Rodriguez, in his 23-page Petition for Certiorari and Prohibition filed Sept. 24 said the chamber’s ruling has unlawfully rewritten the 1987 Constitution.

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While the case is pending, he asked the SC to issue a restraining order to stop the Impeachment Court from adopting the new voting rule.

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On Sept. 23, the Senate Impeachment Court members voted 13-1, sustaining an appeal filed by Senator-Judge Erwin Tulfo on September 8, reversing an earlier July 6 ruling by Presiding Officer Francis “Chiz” Escudero that had fixed the conviction threshold at 16 votes based on the full 24-member Senate.

READ: Sara Duterte trial: Impeachment court amends threshold ruling

Under the newly adopted rule, the phrase “two-thirds of all the Members of the Senate” specified in Article XI, Section 3(6) of the Constitution will be calculated using a reduced denominator composed only of senators deemed “legally and factually capable of participating” at the time of the vote. 

The new calculation excludes members who are detained, suspended, in hiding, medically incapacitated, or beyond the Senate’s coercive processes. The vote followed the tribunal’s rejection of a separate 13-6 motion by Senator-Judge Alan Peter Cayetano to refer the constitutional debate directly to the Supreme Court.

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In his petition, Rodriguez said the Impeachment Court committed grave abuse of discretion amounting to lack or excess of jurisdiction.

“The Tribunal thereby created an entirely new constitutional denominator,” the petition stated. 

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It pointed out that the Senate cannot unilaterally modify an express constitutional command through procedural or adjudicative rulings.

Rodriguez stresses that Article XVII of the Constitution exclusively reserves the power to amend or revise the charter through a Constituent Assembly, Constitutional Convention, or People’s Initiative—none of which include a Senate Impeachment Tribunal ruling.

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“What cannot be done directly under Article XVII cannot be done indirectly through an impeachment ruling,” the petition states. “The Constitution cannot be amended sub silentio, nor can it be amended pro hac vice.” /das