Padilla, Go take Duterte impeachment vote dispute to Supreme Court

National

SIXTEEN votes or fewer?

Two senators are asking the Supreme Court to settle the dispute over the number of votes needed to convict Vice President Sara Duterte in her impeachment trial.

Senators Robinhood Padilla and Bong Go filed a 106-page petition for certiorari and prohibition before the high tribunal on Tuesday, Oct 6, challenging the Senate impeachment court’s decision to lower the voting threshold for conviction.

They were joined by Partido Demokratiko Pilipino-Lakas ng Bayan (PDP-Laban) chairman Alfonso Cusi, lawyers Israelito Torreon, Jimmy Bondoc, Ferdinand Topacio, Raul Lambino and Resci Angelli Rizada-Nolasco, and actor Phillip Salvador.

The petition seeks a status quo ante order or temporary restraining order (TRO) preventing the impeachment court from implementing its interpretation of the constitutional requirement that two-thirds of all senators must concur to convict.

The court voted 13-6-1 to overturn presiding officer Sen. Francis Escudero’s earlier ruling that 16 votes, or two-thirds of the full 24-member Senate, would be required.

Padilla and Go were among the six senators who did not vote with the majority, along with Senate Minority Leader Alan Peter Cayetano, Sen. Pia Cayetano, Sen. Camille Villar and Sen. Imee Marcos.

The petitioners urged the Supreme Court to uphold Article XI Section 3(6) of the 1987 Constitution, which they said requires “the concurrence of not less than 16 senators to convict.”

They argued that senators should remain part of the constitutional count regardless of whether they are detained, suspended, absent, incapacitated or unable to participate.

The petition cited Sens. Jinggoy Estrada and Rodante Marcoleta, who are detained over plunder and graft charges; Sen. Loren Legarda, who has been on medical leave since August; and Sen. Ronald dela Rosa, who is in hiding amid an arrest warrant issued by the International Criminal Court.

A statement from Torreon’s law office posted on Facebook argued that senators remain members of the chamber even when they are absent, detained, ill or otherwise unable to participate. It maintained that all 24 Senate seats remain occupied and that the Constitution refers to all members, rather than only those present, voting or able to take part in the proceedings.

The petitioners also asked the court to block the lower threshold if the impeachment court eventually finds Duterte guilty.

They said their case does not seek to interfere with the Senate’s authority to try the impeachment case, but warned that a threshold based on attendance could reduce the constitutionally required supermajority.

The filing follows the Supreme Court’s dismissal of earlier challenges to the lower threshold filed by Vic Rodriguez, Ernesto Francisco Jr. and disbarred lawyer Berteni Causing. The petitioners acknowledged that the court found those challengers lacked legal standing and that their issues were premature.

Padilla, Go and their co-petitioners argued their case is different because it was filed by sitting senator-judges and concerns PDP-Laban members Dela Rosa and Marcoleta.

Named respondents are the Senate impeachment court, Senate President Sherwin Gatchalian, Escudero, and the House of Representatives through Speaker Faustino Dy III and prosecution panel head Rep. Gerville Luistro.(MyTVCebu)