The Supreme Court is unlikely to issue a clarification on the required two-thirds vote threshold in the impeachment trial of Vice President Sara Duterte without an actual case or controversy brought before it, according to election lawyer Romy Macalintal.
Speaking on DZRH’s “Dos Por Dos,” Macalintal stressed that the high court does not provide advisory opinions and can only rule on concrete legal disputes.
“Hindi gagawa ng ganyan ang supreme court kasi hindi naman sila nagbibigay ng mga advice, opinion, hindi [sila] ganon. Ngunit, dapat magkaroon ng actual case o controversy,” he said.
Macalintal, however, pointed to a pending petition filed by Sen. Alan Peter Cayetano before the Supreme Court following his removal as Senate President, which he said already raises questions related to the two-thirds voting requirement.
“Maraming mga probisyon ng Saligang Batas na nagsasabing ⅔ votes of all the members, kaya sinasabi ni Sen. Peter Cayetano sa Korte Suprema dapat ito ay iresolba din niyo,” the lawyer said.
He said Cayetano’s petition includes issues on whether detained or absent senators can vote and how the two-thirds threshold should be interpreted, noting that some interpretations have referred to “two-thirds of those present” instead of “two-thirds of all members,” as stated in the Constitution.
“Palagay ko mas makakabuti kung ang ating Korte Suprema ay bibigyan ito ng pansin at gagawa sila ng kanilang ruling sa bagay na ito,” Macalintal said.
He added, however, that the court could also dismiss the petition as moot and academic, noting that Sen. Sherwin Gatchalian has since assumed the Senate presidency.
Macalintal also said parties seeking clarification on the vote threshold may face challenges if they go directly to the Supreme Court without a formal dispute.
“Kapag nagpunta sila baka hindi rin sila pansinin kasi wala pang actual case or controversy,” he said, referring to reports that prosecutors may seek the court’s guidance.
Instead, he suggested that concerned parties could intervene in Cayetano’s existing petition and ask the court to resolve the issue.
“Siguro kung pupunta sila mag-interview na lamang sila sa kaso ni Sen. Cayetano at hingin sa Korte Suprema na kung pwede ay maresolba na ang issue na yon.”
He added that legal challenges may also be filed once the Senate issues specific rules or rulings on impeachment procedures, which could then be questioned before the high court.
“Kung gagawa ng resolution ang ating Senate at sasabihin na ito ang magiging procedure natin, doon pwedeng maghain ng petition sa Korte Suprema ang sinumang partido na apektado ng sinasabing bagong rule na gagawin ng Senate,” he said.
Macalintal also noted that even ordinary citizens may file petitions as taxpayers if they believe public resources are being wasted, although it would still be up to the court to decide whether to take up the case.
