Ex-Justices to Advise Senate on VP Sara Impeachment Vote Threshold

MANILA, Philippines — The Philippine Senate impeachment court is set to seek guidance from four former Supreme Court justices on the crucial question of how many votes are needed to convict Vice President Sara Duterte. This move comes amid a debate over the interpretation of the voting threshold, particularly as some senator-judges are absent from the proceedings. The chosen amici curiae, or "friends of the court," are former Chief Justices Artemio Panganiban, Reynato Puno, and Hilario Davide Jr., along with retired Associate Justice Adolfo Azcuna. Panganiban, Puno, and Azcuna are scheduled to appear in person on September 16, while Davide will submit a legal memorandum. Their selection was based on their extensive legal backgrounds, including roles in framing the 1987 Constitution, and their perceived impartiality, according to impeachment court spokesperson Reginald Tongol. These legal luminaries will help the court resolve an appeal filed by Sen. Erwin Tulfo questioning Senate President Chiz Escudero's initial ruling that conviction requires 16 votes, or two-thirds of all 24 senators. Tulfo argues that the base of 24 should not hold given the absence of four senator-judges: Sen. Loren Legarda (on medical leave), Sen. Ronald "Bato" dela Rosa (wanted by the ICC), and Sens. Jinggoy Estrada and Rodante Marcoleta (detained on plunder charges). Lowering the threshold would mean fewer votes are needed for either conviction or acquittal. Tongol stated that the current views of the former justices on this specific issue are unknown, and their relative silence on the matter in public was a factor in their selection. Escudero consulted with both the prosecution and defense regarding the selection process. The court has acknowledged that the list of amici curiae may expand. Efforts are also underway to identify women legal experts who could be invited. The session dedicated to hearing the amici curiae is expected to run from 10 a.m. to 2:30 p.m., followed by questioning from senator-judges. The prosecution and defense will present their oral arguments on September 23, after which the senator-judges will vote on Tulfo's appeal. A tie vote would mean the appeal fails, and Escudero's 16-vote ruling stands. While some critics suggest this move signals a push to convict Duterte, Tongol maintained that senator-judges have legitimate questions that need to be addressed to "put a nail in the coffin" on the issue.