Sara Duterte impeachment trial: Ex-SC justices debate 16-vote threshold for conviction

The impeachment trial of Vice President Sara Duterte entered its 26th day with "friends of the court" (amici curiae) taking center stage. Three out of four legal experts stated that the Senate impeachment court has the authority to change the 16-vote threshold required for conviction, citing the Senate's constitutional power to try and decide impeachment cases. Former Supreme Court Chief Justices Hilario Davide Jr., Artemio Panganiban, and Reynato Puno argued that the constitutional provision requiring "two-thirds of all the members of the Senate" for conviction should not be taken literally as a fixed number, but rather computed based on the number of senators qualified to vote. Davide noted that public officers facing cases may not be able to practice their profession or hold office while detained, suggesting the basis for computation should be the qualified voters, not the full 24 senators. Panganiban emphasized that meaningful adjudication requires active participation for truth and fairness, leading to verdicts fair to all parties and the sovereign people. Puno added that a strict, literal interpretation of the constitutional clause could lead to absurdities and injustices, defeating the Constitution's purpose, and that the number of votes needed to convict should be flexible. Conversely, retired Supreme Court Associate Justice Adolf Azcuna maintained that all members of the Senate should be counted in determining the conviction threshold, with exceptions only for death, removal, or resignation. Panganiban and Puno stressed that the power to decide the threshold rests solely with the Senate, as the impeachment court is not under the Supreme Court's jurisdiction. Panganiban argued that allowing absent judges to vote or be included in the threshold calculation would be unjust to the Filipino public who elected the senators. Panganiban further suggested that senator-judges who have failed to participate in the proceedings should voluntarily inhibit from voting. Before the proceedings concluded, the Senate impeachment court also ordered Davao City Mayor Sebastian "Baste" Duterte to testify in his sister's impeachment trial. He was among those subpoenaed for September 23, along with the director of the Securities and Exchange Commission's company registration and monitoring department. The prosecution panel hopes the mayor can shed light on Gencorp Industries, Inc., a firm linked to the Vice President, and its dealings with the Davao City government.