MANILA, Philippines — To avert a looming constitutional crisis, the Senate impeachment court is counting on the Supreme Court (SC) to swiftly settle the petitions against its decision to count only the votes of present senators in the two-thirds threshold to convict Vice President Sara Duterte.
Senate impeachment court spokesman Reginald Tongol yesterday said the court anticipated the legal challenges, but stressed that the trial would proceed uninterrupted unless the high court issues a temporary restraining order (TRO).
Recent petitions filed before the SC, including one by former executive secretary Vic Rodriguez, seek a TRO and a writ of preliminary injunction to stop the Senate from applying its new rule, which excludes absent or incapacitated senators from the two-thirds baseline needed for a conviction.
Tongol expressed hope that the SC would hand down its decision while the trial is still ongoing.
“I hope the decision arrives before they (senator-judges) vote on the final question whether to convict or acquit the respondent,” Tongol told radio dzBB.
He warned that resolving the threshold issue after the Senate has already rendered a verdict could lead to massive political instability.
“Of course, we don’t want the impeachment court to have a decision then we’re all left hanging if the respondent will follow it or not because there is a pending issue with the Supreme Court. We don’t want that commotion,” he explained.
SC cases expected
Tongol revealed that presiding officer Francis Escudero fully expected aggrieved parties to elevate the matter to the high court as early as July, deliberately recognizing the threshold debate as a justiciable issue.
Should the SC ask the Senate to comment on the petitions, which allege grave abuse of discretion, Tongol said the chamber is ready to defend its actions.
He argued that the Senate’s decision is “constitutionally bulletproof,” citing the exhaustive due diligence they conducted, which included inviting amici curiae (friends of the court) and holding extensive oral arguments.