Lawyers and councilors from Davao are now waiting for the Supreme Court’s decision on their petition questioning the legality of the impeachment proceedings against Vice President Sara Duterte.
The petition, led by Atty. Israelito Torreon and former LTFRB chief Martin Delgra, seeks a certiorari and prohibition under Rule 65 of the Rules of Court. It argues that the impeachment process is “defective” and an “abuse of discretion,” making the Articles of Impeachment null and void.
The petitioners have also requested a temporary restraining order (TRO) and a writ of preliminary injunction to halt the impeachment proceedings in the Senate. They claim the impeachment process violated legal procedures, particularly the rule that prohibits a second impeachment complaint within one year.
Their argument stems from the claim that the House of Representatives initially dismissed three impeachment complaints before accepting the fourth. According to the Francisco ruling, if the first three complaints were ignored, the fourth should not have been accepted.
Davao City Administrator Atty. Jesus Melchor Quitain described the petition as a “check and balance” measure to ensure that the Supreme Court reviews the legality of the impeachment process.
Despite legal moves to stop the trial, the Senate is proceeding with its preparations while awaiting the Supreme Court’s ruling.