Escudero to Abstain from Vote on Conviction Threshold in VP Duterte Impeachment Trial

Senate impeachment court presiding officer Francis Escudero will no longer cast his vote on September 23, when senator-judges decide on whether or not to sustain the 16-vote threshold to convict Vice President Sara Duterte in her impeachment trial, court spokesperson Regie Tongol said Friday. According to Tongol, Escudero stands by his ruling made when the impeachment trial began on July 6—that an affirmative vote by at least two-thirds of all 24 senators, or 16 votes, is needed for conviction. “‘Yung kanyang ruling po, ‘yun na po ‘yung kanyang parang boto. At dahil ‘yung kanyang ruling ‘yung inaapela para i-kunsidera, of course, hindi niya na pwedeng i-withdraw ‘yun,” Tongol explained in a Zoom interview with Senate reporters. (His ruling effectively serves as his vote. And since that ruling is the one being appealed for reconsideration, he can no longer withdraw his position.) “Nakataga na ‘yun sa bato, ‘yung sa kanya. Kaya hindi na kinakailangan ‘yung kanyang boto on the floor,” he added. (His position is set in stone. That’s why a vote from him on the floor is no longer necessary.) If there will be 20 senator-judges present on September 23, including Escudero, the impeachment court spokesperson said that only 19 will vote. If that is the case, he noted that only a simple majority vote, or at least 10 affirmative votes, are needed to overturn the ruling. “Majority of the quorum present po ang makakaboto po eh. Parang ordinary action lamang po ito ng Senado,” Tongol said. (The votes of the majority of the quorum present will be the basis. This is just like an ordinary action of the Senate.) Currently, Senators Jinggoy Estrada and Rodante Marcoleta are detained over separate plunder charges, while Senator Ronald “Bato” dela Rosa is in hiding amid an arrest warrant from the International Criminal Court. Senator Loren Legarda, meanwhile, has not been attending the trial for weeks now as she is abroad on an extended medical leave. Nevertheless, Tongol pointed out that there is still a possibility that the number of senator-judges who will be present on voting day will be higher than the expected 20. Should there be a stalemate or equal votes coming from the senator-judges, he also said that it would mean that the motion pertaining to the voting threshold “failed.” “So the ruling of the presiding officer will stand. Kasi po ang motion po is to appeal the ruling. So, kapag matalo po ‘yung boto on the floor, the ruling will stand. It is as if it is not changed and appealed,” he said. (So the ruling of the presiding officer will stand. Because the motion was to appeal the ruling. So, if the vote on the floor does not get the majority, the ruling will stand. It is as if it is not changed and appealed.) It was Senator-Judge Erwin Tulfo who made a manifestation during the impeachment trial on September 8, seeking clarification on the 16-voting threshold, given that four senator-judges are currently not attending the trial. To settle the matter, Escudero said that the court will hear amici curiae (friends of the court) on September 16 to weigh in on the voting threshold. The oral arguments between the defense and prosecution panels, meanwhile, will be held a week later or on September 23, with each side given 15 minutes to present its position. After the oral arguments, senator-judges are also expected to cast their vote on the same day. Amici Curiae Meanwhile, Tongol cited the criteria that the presiding officer used in picking the legal experts who will provide views on the voting threshold. “‘Yung credentials nila at saka ‘yung known expertise nila on the matter, pati ‘yung previous na mga experience nila in the framing of the Constitution. So kaya sila ‘yung mga napili at saka ‘yung kanilang known impartiality in their stance,” he explained. (That was based on their credentials and their recognized expertise on the matter, as well as their prior experience in the framing of the Constitution. That’s why they were chosen—along with their known impartial stance.) As of Thursday afternoon, the impeachment court said the participation of the following legal luminaries to physically appear before the court on September 16 to present their expert opinions has been “successfully secured:” Retired Supreme Court Chief (SC) Justice Artemio Panganiban Retired SC Chief Justice Reynato Puno Retired SC Associate Justice Adolf Azcuna Retired SC Chief Justice Hilario Davide will also be participating but only through a submission of a legal memorandum instead of physical appearance. With this, the impeachment court expressed hope that the public would understand that all this is part of the democratic process. “Sana maintindihan po ng publiko na parte po ito ng democratic processes natin para ‘yung gantong mga debate po ay lalo pong tumatalino lahat po ‘yung buong sambayanan, pati po ‘yung ating mga senator-judge at saka ‘yung parties,” Tongol said. (I hope the public understands that this is part of our democratic processes. That through debates like this, everyone becomes better informed—the entire nation, as well as our senator-judges and the parties involved.) “Kaya huwag po kayong mawalan ng tiwala na ‘yung ating mga senator-judge. Parang katulad ninyo rin po sila. Kung hanggang ngayon po may mga question diyan sa inyo, sa utak ninyo, ganun din po sila. May mga question din po sila at gusto nilang to finally put a nail in the coffin itong question na ito,” he added. (So don’t lose faith in our senator-judges. They are just like you. If you have questions lingering in your minds, they do too. They also have questions and want to finally put this issue to rest.) —AOL, GMA News