A petition was filed by former Executive Secretary Vic Rodriguez before the Supreme Court questioning the legality of the Senate impeachment court’s order revising the voting threshold for the conviction of Vice President Sara Duterte. 

The high bench was asked by Rodriguez to issue a temporary restraining order (TRO) and/or writ of preliminary injunction while it hears and resolves the petition.

Also, the petition seeks to challenge the Senate impeachment court’s interpretation of the constitutional provision requiring a two-thirds vote of all members of the Senate to convict an impeached official.

On Wednesday, the Senate impeachment court voted to revise the 16-vote threshold for convicting Duterte by ruling that the required two-thirds vote of “all members of the Senate” refers only to senators who are “capable of participating” in the impeachment proceedings.

Voting 13-1, the senator-judges approved the interpretation, with six Duterte allies abstaining.

The petition of Rodriguez seeks SC intervention on the constitutional issue by arguing that the legality of the Senate’s order should be resolved by the country’s highest court.

Also, Atty. Ernesto B. Francisco Jr. said a similar petition challenging the Senate impeachment court’s order is set to be filed before the SC on Friday at 11 a.m.

Francisco said the petition will ask the SC to interpret the constitutional provision on the voting threshold for conviction in an impeachment trial.

The petition will also seek to nullify the Senate impeachment court’s order and ask the SC to issue a status quo ante order, which would restore the situation before the questioned ruling was issued.

The said petitions come after the Senate impeachment court’s decision to abandon the original 16-vote requirement based on the full 24-member Senate and instead consider only senators deemed capable of participating in the proceedings.