Constitutional lawyer Atty. Ernesto Francisco Jr. has asked the Supreme Court to resolve the dispute over the voting threshold in the Senate impeachment court involving Vice President Sara Duterte.
Francisco argued that no government official, including senators, should be allowed to adopt their own interpretation of the Constitution, saying the Supreme Court has the authority to provide the final interpretation of constitutional provisions.
He also asked the Court to issue a status quo ante order that would temporarily restore the previous requirement of 16 votes, or two-thirds of all 24 senators, while the legal issue is being resolved.
“Ang hinihiling ko ay hindi TRO kundi status quo order. That is in recognition that these are two equal branches of the government,” Francisco said.
He explained that a status quo ante order would return the parties to the situation before the disputed action and temporarily prevent further action on the issue.
“Hindi ako humingi ng temporary restraining order because I don't think it is proper for me to ask the Supreme Court to restrain all equal branches of the government,” he added.
The Supreme Court’s expanded power of judicial review includes determining whether any branch or instrumentality of government committed grave abuse of discretion amounting to lack or excess of jurisdiction.
