Ex-SC Justices Advise Impeachment Court on Conviction Threshold

MANILA, Philippines – The Senate impeachment court has invited four retired Supreme Court justices to serve as amici curiae, or friends of the court, to help guide senator-judges on the critical issue of the conviction threshold in the impeachment trial of Vice President Sara Duterte. The four former magistrates, including three ex-chief justices, appeared on Wednesday, September 17, to offer their legal interpretations on how the constitutional requirement of a "two-thirds vote of all members of the Senate" should be applied. According to the Constitution, no person shall be convicted in an impeachment proceeding without the concurrence of two-thirds of all the members of the Senate. With 24 senators in total, this typically translates to 16 votes for conviction. However, the presence of absent or incapacitated senators has raised questions about the precise number of votes needed. Retired chief justices Hilario G. Davide Jr., Artemio V. Panganiban, and Reynato S. Puno are of the opinion that the required vote count for conviction is not a fixed 16. Their reasoning considers situations where senators are unable to participate, such as Senators Jinggoy Estrada and Rodante Marcoleta who are detained on plunder charges, Senator Bato dela Rosa who is in hiding due to an International Criminal Court warrant, and Senator Loren Legarda who is on medical leave abroad. Conversely, retired justice Adolfo S. Azcuna, also a framer of the 1987 Constitution, believes the votes should remain fixed at 16. He argued that this number represents a "supermajority" and is essential to prevent the abuse of the impeachment process. The justices also emphasized the importance of ensuring a "fair and impartial" judgment and upholding the rights of the respondent. They noted that the Supreme Court would only intervene in cases of "grave abuse of discretion" by the impeachment court. Oral arguments on the conviction threshold issue are scheduled to be heard by the impeachment court on September 23. - Rappler.com