Senate Court to Weigh Duterte Vote Threshold in Impeachment Trial

The Senate impeachment court will hear oral arguments on the voting threshold for convicting Vice President Sara Duterte-Carpio as the House of Representatives prosecution panel dropped its remaining 15 witnesses on Tuesday, shortening her impeachment trial. House private prosecutor Lorna P. Kapunan said the prosecution had decided to drop all remaining witnesses for the first article of impeachment, which accuses Ms. Duterte of misusing P612.5 million in confidential funds. "After a long meeting last night and towards this morning, just before this hearing, the prosecution of the public and private prosecutors have decided today to forego not only with the witnesses subpoenaed for today, but with all the remaining 15 witnesses," Ms. Kapunan said in a manifestation. She said the prosecution believes its case has "become very clear" based on 4,750 documents presented and identified by 12 witnesses from the Office of the Vice-President, Commission on Audit and Philippine Statistics Authority (PSA). The prosecution presented evidence on the unauthorized disbursement of confidential funds, use of the money for expenses deemed unallowable under government auditing rules, discrepancies in liquidation reports and payees who have no civil registry records based on the PSA civil registry system. Impeachment court Presiding Officer and Senator Francis Joseph G. Escudero granted the prosecution’s request to drop the witnesses, but said the court would summon two others — Lieutenant Colonel Dennis Nolasco and Colonel Raymund Dante Lachica — who were not requested by either party to testify after the prosecution and defense have presented their cases. Dropping the remaining witnesses saves about 15 trial dates, based on the court’s target of hearing one witness per day. The decision also prompted Senator-Judge Erwin T. Tulfo to question the court’s earlier ruling that two-thirds of all 24 senators, or 16 votes, are required to convict an impeachable official. Mr. Tulfo said the issue needs to be settled before the court reaches the verdict, given the absence, detention or suspension of some senators. "I’m not seeking to lower the requirement," he said. "My question now is very basic: When we refer to ‘all members,’ who exactly are we counting? Considering the changing calendar and expedited proceedings, if we were to cast our votes two or three months from now, or next month, or even tomorrow, who among our members can validly cast their votes in the final question?" Mr. Tulfo cited the circumstances of Senator Ronald M. dela Rosa, who is at large; Senators Rodante D. Marcoleta and Jose “Jinggoy” P. Ejercito Estrada, Jr., who are under police custody; and Senator Lorna Regina B. Legarda, who is on extended medical leave. He said applying a 16-vote requirement based on all 24 Senate members could result in a default acquittal if some senators are unable to participate in the vote. Mr. Escudero called a brief recess and consulted with the senator-judges. The court then agreed to enlist legal experts who could help the court on constitutional questions, to address the issue. The session is tentatively set for Sept. 16, followed by oral arguments between the prosecution and defense on Sept. 23. "Given the sensitive and serious nature of this issue and topic, as discussed earlier with counsels for the parties and the senator-judges, we will be enlisting the opinion and assistance of amici curiae or friends of the court, so to speak, in order to give their opinion with respect to this issue," Mr. Escudero said. The impeachment rules provide that an appeal or motion for reconsideration of a ruling by the presiding officer shall be decided without debate through ayes and nays, Mr. Escudero said. The prosecution and defense are scheduled to mark more than 1,800 bank records on Wednesday and Thursday for the second article of impeachment, which concerns Ms. Duterte’s alleged unexplained wealth, nondeclaration of assets and continued business interests.