Impeachment court hopes for swift SC ruling on 2/3 threshold computation

MANILA, Philippines — The Senate impeachment court is optimistic that the Supreme Court would immediately rule on the petitions challenging its decision to reduce the number of votes needed to convict or acquit Vice President Sara Duterte.

“Yes, that’s the expectation of our presiding officer [Sen. Francis Escudero] and the whole impeachment court. That’s why he also mentioned that he doesn’t want any issue to crop up beyond 2027,” impeachment court spokesperson Reginald Tongol said in a radio interview on dzBB on Sunday.

The impeachment court, Tongol added, is hoping the high tribunal would make its ruling before the senator-judges vote on the final question of whether to convict or acquit Duterte.

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READ: ‘2/3’ rule revisited: Fewer votes needed to convict Sara Duterte

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“Not after [they cast their votes], because of course, we don’t want the impeachment court to have a decision but we are all left hanging whether or not the respondent will comply with it because there is a pending issue before the Supreme Court. We don’t want that kind of problem to happen,” he explained.

READ: Lawyers, deans back impeach court ruling on ‘2/3’ threshold

In a 13-1 vote last week, the impeachment court decided that the constitutional provision setting the conviction threshold at two-thirds of the senator-judges would apply only to those actually participating in the trial. The ruling effectively reduced the required number from 16 votes to 14 votes, if based on the 20 senator-judges currently in attendance.

Petitioners’ arguments

Two petitions have been filed before the Supreme Court over the impeachment court’s new 2/3 threshold ruling.

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One was filed by former Executive Secretary Victor Rodriguez, who said in his petition for certiorari and prohibition filed on Sept. 24 that the chamber’s ruling unlawfully rewrote the 1987 Constitution.

Another was filed by lawyer Ernesto Francisco Jr., who requested that a status quo ante order be issued to halt the implementation of the new rule, arguing that the Senate acted with grave abuse of discretion amounting to lack or excess of jurisdiction by altering a clear constitutional mandate.

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Senate President Sherwin Gatchalian earlier said the impeachment court could finish Duterte’s trial and hold the voting by December, under a revised schedule that could speed up proceedings.

Tongol also said there was “nothing capricious, whimsical or arbitrary” in the impeachment court’s action when it made its new ruling on the 2/3 threshold on Sept. 23. /cb