Former executive secretary seeks TRO, injunction against 14-vote requirement, argues Senate cannot redefine constitutional membership
Rodriguez asks SC to void 14-vote impeachment threshold
By Benjamin Cuaresma
MANILA, Philippines — Former Executive Secretary Victor Rodriguez has asked the Supreme Court to nullify the Senate impeachment court’s decision lowering the number of votes needed to convict Vice President Sara Duterte from 16 to 14.
In a 24-page petition for certiorari and prohibition filed Thursday, Rodriguez accused the Senate of grave abuse of discretion, arguing that its Sept. 23 ruling effectively changed the constitutional basis for determining the required votes.
He also sought a temporary restraining order and/or writ of preliminary injunction to prevent implementation of the 14-vote requirement.
Rodriguez challenged the Senate’s interpretation of the constitutional phrase “all the members” of the Senate, arguing that membership should not depend on a senator’s ability to participate in a particular impeachment proceeding.
The Senate arrived at the 14-vote threshold based on 20 senators considered legally and factually capable of participating. The original requirement set by Senate President Francis “Chiz” Escudero was 16 votes, or two-thirds of the chamber’s full membership.
Four senators have been unable to participate: Jinggoy Estrada and Rodante Marcoleta, who are detained; Ronald “Bato” dela Rosa, who is avoiding an International Criminal Court arrest order; and Loren Legarda, who is on medical leave.
Rodriguez is asking the Supreme Court to restore the 16-vote threshold.
ia/xf
