Lawyer Ernesto B. Francisco Jr. on Friday filed a second petition before the Supreme Court challenging the Senate impeachment court’s 23 September ruling on the number of votes needed to convict Vice President Sara Duterte.

Francisco asked the high court to declare the ruling unconstitutional and stop its implementation through a status quo ante order. He argued that the Constitution requires the concurrence of two-thirds of all Senate members, which he said means 16 votes in the 24-member chamber. 

His petition came a day after former Executive Secretary Vic Rodriguez separately asked the Supreme Court to nullify the same ruling and sought a temporary restraining order. 

Under the Senate impeachment court’s new interpretation, only senators who are legally and factually capable of participating when judgment is rendered will be included in determining the two-thirds threshold.