Go, Padilla ask SC to restore 16-vote impeachment threshold

Senators Bong Go and Robin Padilla have asked the Supreme Court to overturn the Senate Impeachment Court’s revised voting threshold and restore the traditional requirement of 16 votes to convict in an impeachment trial.

The petition, filed on 6 October with PDP-Laban, several lawyers and private citizens, seeks a status quo ante order and/or temporary restraining order against the Senate Impeachment Court’s 23 September ruling.

That ruling interpreted the constitutional phrase “two-thirds of all the Members of the Senate” as referring only to senators who are legally and actually able to participate in the impeachment proceedings at the time of the vote.

Go and Padilla argued that Article XI, Section 3(6) of the 1987 Constitution requires the concurrence of two-thirds of all 24 senators, or 16 votes, for conviction.

They also sought to distinguish their petition from three earlier challenges that the Supreme Court unanimously dismissed on 30 September on procedural grounds, including lack of legal standing and prematurity.

The earlier petitions were filed by Victor Rodriguez, Berteni Cataluña Causing and Ernesto Francisco Jr.

Go and Padilla argued that, as sitting senator-judges, they have a direct and substantial interest because the Senate Impeachment Court’s ruling affects their constitutional duties and voting power.

They also maintained that the issue is ripe for judicial review because the interpretation of the impeachment voting threshold carries constitutional significance even before a final vote is cast.

The petitioners said the Senate Impeachment Court exceeded its authority when it allowed the denominator for the two-thirds requirement to vary depending on who is legally and actually able to participate.

They argued that the Constitution refers to “all the Members of the Senate,” not merely those present, participating or able to vote.

“This case is not about whether the Vice President should be convicted or acquitted. It is about the number the Constitution requires before any conviction can lawfully be rendered,” the petitioners said.