SENADO ABUSADO?!! Binago Ba Nila Ang Konstitusyon sa 2/3 Threshold? #attybuenoexplains

Under Rule 65 of the Rules of Court, a petition for certiorari or prohibition is used to challenge actions taken without or in excess of jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction. 1. General Legal DefinitionIn Philippine constitutional law, grave abuse of discretion refers to a caprice or arbitrary exercise of power equivalent to a clear lack or excess of jurisdiction. It is not merely an error of judgment or a simple misapprehension of law, but an act done:Intentionally, whimsically, or arbitrarily;Out of passion, prejudice, or personal hostility; orIn blunt, patent violation of the Constitution, established statutes, or fundamental due process. Under Article VIII, Section 1 of the 1987 Constitution (expanded judicial review), the Supreme Court is empowered to review and nullify acts of any branch or instrumentality of government—including Congress—if done with grave abuse of discretion. 2. Application to the Impeachment of Vice President Sara DuterteIn the context of the impeachment proceedings against VP Sara Duterte (specifically addressed in landmark petitions under G.R. No. 278353): Constitutional Bounds over Political Discretion: While impeachment is a political process (sui generis), it is governed strictly by the Constitution. The Supreme Court ruled that Congress does not have unbridled discretion to bypass mandatory constitutional requirements. Due Process Violations as Grave Abuse: The Supreme Court determined that the House of Representatives committed grave abuse of discretion when it transmitted the Articles of Impeachment to the Senate without:Giving the respondent (VP Duterte) an opportunity to respond to the draft Articles of Impeachment and its accompanying evidence prior to transmittal. Making the draft articles, evidence, and response available to all House members for deliberative consideration. Legal Consequence: Because acts performed with grave abuse of discretion violate the Constitution, the Supreme Court declared the Articles of Impeachment null and void ab initio under Rule 65 review, ruling that the Senate acquired no jurisdiction to conduct a trial.