The Senate impeachment court has urged the Supreme Court to dismiss a petition filed by Senators Bong Go and Robin Padilla. The petition challenges the court's ruling on the voting threshold required for the possible conviction of Vice President Sara Duterte.
In a detailed 47-page comment submitted through the Office of the Solicitor General (OSG), the court declared the petition as both premature and lacking in merit. The OSG's position is that the Supreme Court should deny the petitioners' requests for various legal remedies, including a Status Quo Ante Order.
Details of the Petition
Go, Padilla, along with the Partido Demokratiko Pilipino-Lakas ng Bayan (PDP-Laban), previously sought a temporary restraining order from the SC. They argued that the Senate's decision to count only participating senators in determining the two-thirds voting threshold was unconstitutional.
The Senate's threshold ruling was not an attempt to remove the two-thirds requirement. It was a rule on who should be counted as part of the Senate impeachment court when some senators are unable to take their oaths or participate.
Office of the Solicitor General
- The Constitution mandates a two-thirds vote for conviction in impeachment cases.
- The Senate's interpretation aims to clarify participation rules during trials.
The OSG emphasized that the Senate impeachment court made its decision after considering arguments from both sides, ensuring a comprehensive deliberative process. This ruling is seen as a necessary interpretation of the constitutional provision, addressing how to count senators unable to participate.