Sara Duterte's defense: Impeachment conviction threshold ruling final

The defense team of Vice President Sara Duterte has argued that a ruling by the Senate impeachment court on the voting threshold needed for conviction remains final and unappealable. The prosecution panel, however, countered that including absent senators in the calculation could lead to an unjust acquittal. Defense counsel Michael Poa emphasized that the Senate impeachment court's presiding officer, Senator Francis Escudero, had ruled on July 6 that 16 votes were required for conviction. He stated that at that time, no senator-judge objected, sought reconsideration, or appealed the decision. "It has been over two months, Your Honors. There is no supervening event to change the threshold. Nothing has changed between July 6 and today," Poa said during the 29th day of the Vice President's impeachment trial. Poa further noted that the impeachment rules, specifically Rule Six, do not specify a timeframe for considering a motion for reconsideration, implying it should have been raised at the earliest opportunity, which did not happen. He argued that altering the threshold would violate the Vice President's right to due process. Conversely, the House prosecution panel contended that Duterte's conviction should be based on two-thirds of all senators present during the proceedings. House prosecutor and Akbayan Representative Chel Diokno warned that fixing the denominator at 24 senators could result in acquittals by default, especially in scenarios where senators are unable to participate. "There’s a situation that a senator fails to take oath as a senator-judge or illegally prevented from performing his job… a situation when senators are all detained, suspended, due to lawful orders. It would be absurd to include them. Each of them cannot hear the evidence, deliberate, and vote. Their inability to participate is beyond dispute. And yet, if the denominator is fixed at 24, conviction would always require 16 votes. Absurd po ito," Diokno stated. Senator-judge Erwin Tulfo had sought reconsideration of the July 6 ruling, citing the absence of four out of the 24 senators from the impeachment trial proceedings. Senators Jinggoy Estrada and Rodante Marcoleta are currently detained on plunder and related charges. Senator Ronald dela Rosa is reportedly evading an arrest warrant issued by the International Criminal Court, while Senator Loren Legarda is on extended medical leave abroad. Information Source: GMA News Philippines