House prosecution: Sara impeachment trial must proceed unless SC issues TRO
THE impeachment trial of Vice President Sara Duterte should continue despite petitions challenging the Senate impeachment court’s new conviction threshold, unless the Supreme Court issues a temporary restraining order (TRO) or injunction, the House prosecution said Friday.
House prosecution counsel Benjamin “Jay” Tolosa Jr. said the trial should proceed while the Supreme Court considers separate petitions questioning the Senate court’s Sept. 23 ruling on the required two-thirds vote for conviction.
“Unless the High Court issues a TRO or an injunction, the proceedings before the impeachment court must continue,” Tolosa said at a press briefing.
Former Executive Secretary Vic Rodriguez and lawyer Ernesto Francisco have separately asked the Supreme Court to intervene. Rodriguez sought to nullify the Senate court’s ruling and obtain a TRO, while Francisco filed a petition for certiorari seeking a status quo ante order.
The Senate impeachment court voted 13-1, with six senator-judges not participating, to abandon its earlier interpretation that 16 votes were automatically required for conviction.
Under the new interpretation, the two-thirds requirement will be computed based on senators who are legally and factually capable of participating when judgment is rendered. The ruling did not set a fixed lower number of votes.
Tolosa said the prosecution remains on track to finish presenting its evidence by Oct. 9, or no later than Oct. 15, unless the Supreme Court orders otherwise.
He also said a TRO would require a petitioner to establish, among other legal requirements, that a clear legal right is being violated.
Impeachment prosecutor Manila 3rd District Rep. Joel Chua said the prosecution respects the petitions before the Supreme Court and will remain focused on presenting its evidence.
“Our focus as prosecution is to present the evidence,” Chua said.
The House prosecution is currently presenting evidence under Article II of the Articles of Impeachment concerning Duterte’s alleged unexplained wealth, with additional witnesses expected when proceedings resume next week.
