A second petition challenging the Senate impeachment court’s decision to lower the voting threshold for convicting Vice President Sara Duterte has been filed before the Supreme Court.
Lawyer Ernesto Francisco Jr. has asked the SC to nullify the Senate impeachment court’s Sept. 23 ruling that lowered the voting threshold for convicting Duterte.
Francisco filed a petition for certiorari before the SC and sought the issuance of a status quo ante order and declare null and void the Senate tribunal’s interpretation that only senators capable of participating in the proceedings should be counted in determining the required two-thirds vote for conviction.
“Nagsampa ako ng petition kung saan kinukwestiyon natin yung ginawa ng Senate impeachment court na kung saan ito yung nag-interpret ng Constitution o ating Saligang Batas,” Francisco said.
He stressed that he was not representing any political party and was filing the petition as a citizen concerned about the Senate’s interpretation of the Constitution.
“Hindi ako nagre-represent ng kung sino mang partido. Sa katunayan, ang Bise Presidente ay isa sa mga respondents dito,” he said.
Francisco said it was dangerous to allow senators or other public officials to make their own interpretation of the Constitution particularly on a matter involving the impeachment of a constitutional officer.
“Napakadelikado ng ganitong sitwasyon kung saan papayagan natin na ang mga senador o sino mang public official ay magkaroon ng kanyang sariling interpretasyon ng ating Saligang Batas,” he said.
He said the SC, as the final interpreter of constitutional provisions, should settle the issue before the Senate applies its revised interpretation in deciding whether to convict or acquit Duterte.
“Dapat ang Supreme Court ay mag-intervene, pumasok sa usapin na ito at sabihin, magdeklara kung ano ba talaga ang kahulugan ng pinag-uusapan nating probisyon ng Saligang Batas,” Francisco said.
Francisco said he was not seeking a temporary restraining order, unlike the petition filed earlier by former Executive Secretary Vic Rodriguez, but a status quo ante order.
“Ang hinihiling ko ay hindi TRO, kundi isang status quo ante order,” he said.
He explained that such an order would essentially restore the situation before the Senate issued its Sept. 23 ruling and prevent the parties from acting on the disputed interpretation while the constitutional issue is being resolved.
“May issue yung mga partido ay bumalik lamang sa sitwasyon bago nagkaroon ng kontrobersiya. In the meantime, pagdating sa issue na ’yan, ay wala munang gagalaw,” Francisco said.
He stressed that he did not seek a TRO because he believed it would be improper to ask the SC to restrain a co-equal branch of government.
“Hindi ako humihingi ng TRO kasi I don’t think it is proper for me to ask the Supreme Court to restrain a co-equal branch of the government,” he said.
The Senate tribunal voted 13-1, with six senator-judges abstaining, to adopt the interpretation that “all the Members of the Senate” refers only to members who are legally and factually capable of participating in the impeachment proceedings.
The ruling effectively reduced the number of senators who would be counted in determining the two-thirds threshold for conviction.
Francisco said the SC should not wait until the Senate uses the revised threshold to convict or acquit Duterte before resolving the constitutional question.
“Hindi dapat antayin, with all due respect, hindi dapat antayin ang Supreme Court ’yan,” he said.
He said the issue involves the interpretation of the Constitution and should therefore be settled by the SC.#