Vice President Sara Duterte filed on Tuesday a Petition for Certiorari and Prohibition before the Supreme Court (SC) challenging the validity and constitutionality of the fourth impeachment complaint against her.
The fourth impeachment complaint against her was approved by the House on the last day of its session before recess on February 5 with a total of 215 lawmakers endorsing.
The vice president’s camp said “the petition seeks judicial intervention from the High Court to uphold due process and raises serious legal and constitutional concerns.”
Rule 65 of the Rules of Court was cited by the camp, which seeks to issue a writ of certiorari to nullify the fourth impeachment complaint for violating Section 3 (5), Article XI of the Constitution, which says that “No impeachment proceedings shall be initiated against the same official more than once within a period of one year.”
The camp of vice president also appealed that as a consequence, a writ of prohibition should be issued to enjoin the Senate of the Philippines from acting on the fourth impeachment complaint due to violation of the “One-Year Bar” under the aforesaid Constitutional provision.
On Tuesday, lawyers Israelito Torreon, Martin Delgra, James Reserva, Hillary Olga Reserva, Councilor Luna Maria Dominique Acosta and others personally filed a Petition for Certiorari and Prohibition to block the impeachment trial against Vice President Duterte before the Supreme Court.
The petition seeks the issuance of a Temporary Restraining Order (TRO) and Writ of Preliminary Injunction by the High Tribunal, and to annul or set aside the impeachment complaint against the vice president.
The petitioners also prayed that the SC will declare the Articles of Impeachment null and void for failure to meet constitutional requirement proceedings and for failure to accord due process to the vice president before the filing with the Senate of the defective Articles of Impeachment and/or malicious non-action of not one but three prior impeachment complaints to bar the application of the Francisco ruling, which would have prevented the filing of the subject fourth impeachment complaint against the vice president.
It has also the prayer of the petitioners for the SC to grant a Writ of Prohibition, permanently enjoining the Senate from proceeding with an invalid impeachment complaint.
