VP Duterte impeachment trial: Senate court eyes Sept. 23 ruling on conviction vote threshold

MANILA, Philippines — The Senate, sitting as an impeachment court, is tentatively set to rule on September 23 on the critical issue of the voting base for convicting Vice President Sara Duterte. This decision hinges on how to interpret the required votes when some senators are unable to participate physically in the proceedings. Presiding Officer Senator-judge Francis “Chiz” Escudero announced that the court will hear from "friends of the court" (amici curiae) on September 16, followed by oral arguments from the prosecution and defense on September 23. Escudero explained that due to the "sensitive and serious nature" of the matter, the court will seek external expertise rather than immediately resorting to the usual ayes-and-nays procedure. These amici curiae are individuals invited to provide independent expertise or perspective to help the court resolve a legal issue. Senator-judge Kiko Pangilinan further clarified that these could include eminent legal experts, retired chief justices, retired Supreme Court justices, and experts in constitutional law, whose extensive knowledge and experience are expected to guide the senators. Senator-judge Erwin Tulfo, however, raised a fundamental question regarding the 24-member voting base. He inquired who exactly is being counted as "all members" when some senators are absent and whether such absence automatically equates to a "no" vote. Tulfo warned that if the Senate insists on a fixed 24-member base despite senators' inability to attend, it could result in an "acquittal by default." He cited the Supreme Court's ruling in Avelino v. Cuenco, which he claimed considers only members within the coercive jurisdiction of the Senate in determining the voting base and quorum. Senator-judge Pia Cayetano countered Tulfo's assertion, stating that the Senate did not agree to rely solely on Avelino v. Cuenco and that Supreme Court decisions can be interpreted in various ways. "Let’s not make it appear that it is jurisprudence or it is the rule in the Senate," she told her colleagues. Senator-judge Robin Padilla called on his peers to uphold their oath, emphasizing that any amendments to the Constitution should go through the Senate Committee on Constitutional Amendments, as the Constitution cannot be altered or circumvented. Escudero clarified that Tulfo's motion was to appeal or reconsider the initial threshold ruling made on July 6, and also to decide whether absent senators would be allowed to vote. Currently, Senators Rodante Marcoleta, Jinggoy Estrada, Loren Legarda, and Ronald “Bato” dela Rosa have been unable to attend the trial. Legarda is out of the country on extended medical leave, while Dela Rosa is reportedly in hiding due to an arrest warrant from the International Criminal Court. The matter of detained senators attending the trial was previously referred to the Senate as a legislative body, not to the impeachment court. Information Source: Inquirer NewsInfo