House prosecutors unfazed by impeachment vote challenge — Adiong

The House prosecution team is prepared to face a possible Supreme Court (SC) challenge to the Senate impeachment court’s revised voting threshold for convicting Vice President Sara Duterte, saying the appeal would not stop the trial unless the High Court issues a restraining order.

Prosecution spokesperson Zia Alonto Adiong said the defense team was within its rights to question the impeachment court’s decision but maintained that the proceedings could continue while the petition was pending.

“I guess anybody can go to the Supreme Court and file anything. We're a democratic country. They can go to the Supreme Court,” Adiong said in a television interview on Saturday.

Adiong said the prosecution was confident in the position that the Constitution grants the Senate the sole authority to try and decide impeachment cases.

“But then again, as to whether or not the trial, hindi naman matitigil yan,” he said, noting that the proceedings would not be suspended simply because the defense files a petition before the SC.

“It will not be put on hold unless, of course, the Supreme Court came out with a TRO,” Adiong added.

A temporary restraining order (TRO) is a court order that temporarily prevents a party from implementing or enforcing a disputed action while the court considers the legal issues raised in a case.

In this instance, a TRO against the impeachment court’s ruling could prevent the Senate from applying the revised voting threshold while the SC reviews its constitutionality.

The prosecution is also preparing for a possible ruling by the impeachment court that could affect its earlier move to withdraw three other articles of impeachment and proceed with the remaining charge.

Duterte’s defense team has reserved the right to challenge the impeachment court’s decision to base the two-thirds vote required for conviction on the number of senator-judges participating in the proceedings, rather than the full 24-member Senate.

The defense is reportedly preparing to file the petition before the trial resumes on 9 November.###