The Supreme Court, convening en banc, on Wednesday, dismissed three petitions challenging the Senate's threshold in voting for impeachment of Vice President Sara Duterte.

The three petitions challenged the Senate Impeachment Court’s interpretation of the two-thirds vote required to convict in an impeachment case, due to procedural grounds including lack of standing and prematurity.

On September 23, the Senate Impeachment Court ruled that the phrase “all the Members of the Senate” under Article XI, Section 3(6) of the Constitution refers only to senators who are legally and actually able to participate in the impeachment proceedings at the time of the vote.

Rodriguez argued that the Impeachment Court effectively amended the Constitution by adding a qualification not found in its text. He asked the SC to nullify the ruling and declare that any change to Article XI, Section 3(6) must go through the constitutional process for amendment or revision. He also sought a temporary restraining order (TRO) against the implementation of the ruling.

Causing argued that senators who remain in office should still be counted even if they are in hiding, detained, or medically unable to attend. He prayed for the issuance of a status quo ante order (SQAO) and/or TRO to stop any final vote on Duterte’s conviction while his petition was pending. He also sought to compel Senators Jose “Jinggoy” Estrada, Jr., Rodante Marcoleta, and Ronald dela Rosa to participate in the impeachment trial and the Senate to take the necessary steps to secure their attendance.

Francisco similarly argued that because the Constitution provides for a 24-member Senate, conviction requires the concurrence of at least 16 senator-judges. He maintained that senators who are detained, on medical leave, or temporarily absent remain members of the Senate and should therefore be counted. He also asked for a status quo ante order pending the resolution of his petition.

The dismissal of the petitions was based on procedural grounds such as lack of standing and prematurity, among others

Reginald Tongol, Senate impeachment court spokesman said the court acknowledges the SC's decision and allows the Senate to proceed with the hearings, which will be held whole day for 11 days starting Thursday.

''By junking these challenges, the Highest Court has drawn a definite firewall around the independence of the Senate as an impeachment court, confirming that its proceedings cannot be held hostage by premature judicial meddling or collateral litigation,'' said Tongol in a statement. PHS