Senator-Judges Robin Padilla and Bong Go have asked the Supreme Court to overturn a Senate Impeachment Court ruling that lowered the number of votes needed to convict an impeachable official.
Padilla and Go, together with PDP-Laban, filed a Petition for Certiorari and Prohibition challenging the ruling on the required two-thirds vote in the impeachment trial of Vice President Sara Duterte.
The petitioners argued that the two-thirds requirement should be based on all members of the Senate who are constitutionally part of the impeachment court.
They questioned the interpretation that the required vote should be based on senators considered “legally and factually capable of participating” in the trial.
The petitioners said this interpretation changed an earlier ruling by Senate President and Presiding Officer Chiz Escudero on July 6, which stated that 16 votes were needed to convict an impeachable official.
They argued that the Constitution does not refer to senators who are “present,” “voting” or “able to participate” when specifying the required number of votes. Instead, it refers to “all the Members of the Senate.”
The petitioners also cited the Supreme Court’s Sept. 30 dismissal of three earlier petitions challenging the same ruling. The cases were dismissed on procedural grounds, including issues involving legal standing and prematurity.
Padilla and Go argued that their petition is different because two sitting Senator-Judges are among the petitioners. They said their votes and duties as members of the impeachment court are directly affected by the ruling being challenged.
The petitioners also asked the Supreme Court to immediately issue a Status Quo Ante Order or Temporary Restraining Order, as well as a Writ of Preliminary Injunction, while the court considers their petition.
