The Office of the Solicitor General (OSG) has defended the Senate Impeachment Court’s interpretation of the constitutional voting threshold in deciding impeachment cases, urging the Supreme Court to reject a petition questioning the ruling.
In a press release dated November 4, Solicitor General Darlene Marie B. Berberabe said the OSG filed a Comment on November 3 on behalf of the Senate, responding to the Petition for Certiorari and Prohibition filed by Senators Robinhood Padilla, Christopher Lawrence Go, and other petitioners.
The OSG argued that the Constitution grants the Senate, sitting as an Impeachment Court, the exclusive authority to try and decide impeachment cases.
“The Constitution has vested in the Senate as Impeachment Court the sole power to try and decide impeachment cases,” the OSG stressed.
It further maintained that determining how constitutional provisions apply to the circumstances surrounding impeachment proceedings falls within the Senate's authority.
“The matters are political questions which judicial review does not reach, especially in the absence of grave abuse of discretion,” the agency added.
The petition challenges the Impeachment Court’s interpretation of the phrase “all Members of the Senate,” which excludes senators who are legally or physically unable to participate in the proceedings, including those detained, suspended, medically incapacitated, or whose whereabouts are unknown.
The OSG also argued that the Senate followed due process in reaching its decision, noting that it heard both parties, received the views of four former Supreme Court members serving as amici curiae, and resolved the matter through an open and recorded vote.
“These show that the Impeachment Court exercised its power with prudence, and with due regard to the rights of all parties,” the OSG said.
The filing was made in compliance with the Supreme Court’s October 28 resolution requiring the parties to submit their comments within a non-extendible five-day period.
