Senate impeachment court to vote on threshold to convict VP Sara Duterte

The Senate impeachment court on Wednesday rejected a motion filed by Senate Minority Leader Alan Peter Cayetano to defer the determination of the threshold needed to convict in the ongoing impeachment trial of Vice President Sara Duterte. This developed after 13 senator-judges voted against Cayetano’s move for the deferment of the scheduled vote on the threshold today, September 23. Only six senator-judges voted in favor of Cayetano, while one abstained. With this, the impeachment court will vote on the threshold once they return from lunch break. On July 6, Senate impeachment court presiding officer Francis Escudero ruled that the threshold needed to convict is 16, which is the two-thirds of the 24 members of the Senate. The Constitution, however, does not state a number but reads “no [impeachable] person shall be convicted without the concurrence of two-thirds of all the members of the Senate.” Ahead of the voting on Cayetano’s plea, Escudero said that the Supreme Court itself ruled under People v. Amigo, GR number 116719 that no decision is ever final when there are new factors to consider. “This finds support in People v. Amigo. The Supreme Court recognized that its decisions are “not petrified rules grown rigid once pronounced, but may be reconsidered upon further reflection in light of new perspectives.” The July ruling issued during an ongoing proceeding is not a final judgment on any Article of Impeachment,” he said. “It cannot claim greater; therefore, this issue cannot claim greater immutability than the judicial doctrine itself. Where the governing impeachment rules prescribe no period and no final judgment has been rendered, the court remains free to reconsider its interpretation,” he added. It was Senator-Judge Erwin Tulfo who sought reconsideration of the July 6 ruling, considering that four of the 24 senators have not been present in the impeachment trial proceedings. Senators Jinggoy Estrada and Rodante Marcoleta are detained on plunder and other related charges due to their alleged involvement in flood control and undeclared campaign donations, respectively. Senator Ronald dela Rosa, on the other hand, is nowhere to be found amid a standing warrant of arrest issued against him by the International Criminal Court due to his alleged involvement in the drug war deaths. Senator Loren Legarda, for her part, is on an extended medical leave abroad due to a lung ailment. Earlier in the day, Cayetano said that the questions regarding the voting threshold must be brought to the SC. "Because definitely, whatever the result of this impeachment, both parties or any Filipinos can go to the Supreme Court. That's a right of any Filipino. Wala tayong pag-uusapan, lahat pwedeng pumunta sa Supreme Court. Ang tanong, binibigyan ba natin sila ng basehan na pumunta sa Supreme Court? (There's no argument here, anyone can go to the Supreme Court. The question is, are we giving them a basis to go to the Supreme Court?)," he said. "Sabi ng mga kasing edad ko, 'Sir, parang spaghetti na itong impeachment.' Sabi ko, 'Anong spaghetti?' 'Pababa nang pababa, pataas nang pataas,'" he added. (People my age told me, 'Sir, this impeachment is becoming like spaghetti.' I asked, 'What do you mean spaghetti?' 'It keeps going down and down, up and up.') "It becomes ridiculous if we interpret it in a ridiculous way...On the record, I would prefer and I would insist that if there's a question on the threshold, the question be brought before the Supreme Court." Cayetano asked House prosecutor Chel Diokno if electronic participation is allowed so that the absent senators can participate. "In your view, can this impeachment court order ordinary courts, like the Sandiganbayan, to produce Senator Marcoleta and Senator Jinggoy to attend this impeachment trial?" In response, the prosecution said that it would be appropriate to have physical presence to vote. "As far as the electronic trials are concerned, this is my opinion, there will be an inability on the part of a person watching through electronic means to assess the credibility of the witnesses, as well as to understand and grasp what is happening in the trial. There's no substitute for being here in person," said Diokno. On the other hand, defense spokesperson Michael Poa agreed that the matter of the voting threshold must be raised before the SC. "Sa amin po, just to be straightforward and candid, definitely there's a possibility that we will be raising it to the Supreme Court. Precisely because, when the respondent-accused, when we entered for her in these proceedings, the expectation was that the conviction threshold was 16 votes. Sa atin, kung papalitan natin 'yun in the middle, we feel that is really a justiciable issue," he said. (For us, just to be straightforward and candid, definitely there's a possibility that we will be raising it to the Supreme Court. Precisely because, when the respondent-accused, when we entered for her in these proceedings, the expectation was that the conviction threshold was 16 votes. For our part, if we change that in the middle, we feel that is really a justiciable issue.) Cayetano’s sister Senator Pia and Senator Bong Go agreed with Cayetano’s take, saying that the Senate voting on the threshold needed to convict is not provided under the Constitution. “This is not within the authority of the impeachment court. And so if this body will decide to proceed with an interpretation, then I will no longer be able to participate in that decision,” Senator Pia said. “The Constitution did not say that an absent Senator, a detained Senator, is no longer a member of the Senate. Who are we to qualify what the Constitution itself did not? That is why it is the Supreme Court which should decide on this,” Go added. Also ahead of the voting, House prosecutor Chel Diokno of Akbayan party-list said that the Senate has the sole authority to change the threshold anchored on Article 11, Section 3.6 of the Constitution, which states that “the Senate shall have the sole power to try and decide all cases of impeachment.” “The rules of this Honorable Court and even of the Senate are really within the power of Your Honors to amend if you so choose,” Diokno told the Senate impeachment court during the questioning of Senator Alan Cayetano. —with Vince Angelo Ferreras/AOL, GMA News