Retired Justices to Advise Senate on VP Impeachment Voting Threshold

The Senate impeachment court has invited three prominent retired Supreme Court justices as amici curiae, or "friends of the court," to offer their insights on the voting threshold in the impeachment trial of Vice President Sara Duterte. Impeachment court spokesperson Reginald Tongol said they have secured the participation of retired Chief Justices Artemio Panganiban and Reynato Puno, and retired Supreme Court Associate Justice Adolf Azcuna, who will serve as "friends of the court" to advise the senators. These legal luminaries are expected to enlighten the senators on whether the impeachment court can lower the threshold of "two-thirds of all members"—or 16 out of 24 senators—required to convict the Vice President, given the physical absence of four senators who are on leave, at large, or detained. "The impeachment court is not leaving constitutional math to guesswork or chance," Tongol stated. He added that the court has also secured the participation of retired Chief Justice Hilario Davide Jr., who has pledged to submit a legal memorandum on the issue. Davide previously presided over the aborted impeachment trial of former President Joseph Estrada. The court may invite more amici curiae for its scheduled briefing on the threshold issue on September 16. "The impeachment court reserves its plenary prerogative to invite additional experts should the situation demand it – so this four-man roster constitutes the Court’s list of amici curiae thus far," Tongol said. Oral arguments are scheduled for September 23, after which the senator-judges will issue their verdict on the threshold controversy on the same day. For his part, retired Senior Associate Justice Antonio Carpio believes the voting threshold can be lowered to prevent an imminent "useless" interpretation of the Constitution. "My position is that the denominator depends on who are qualified to vote," he said in an interview over ABS-CBN yesterday. Carpio argued that adhering to the current voting threshold required for conviction might "prevent the highest officials from being accountable to the people." "If you interpret the Constitution as saying there must be 16 senators to convict, then you render the Constitution ineffective when there are senators who die or resign," he pointed out. Carpio cited laws against graft and plunder, which he said enforce suspension on incumbent officials, as a basis for possibly lowering the voting threshold. Detained Senators Jinggoy Estrada and Rodante Marcoleta are currently facing both plunder and graft charges. "They are automatically mandatorily suspended as members; they cannot attend sessions and vote on any motion. How can they be a judge in an impeachment case? Legally, they cannot exercise the function of a senator because they are suspended, so you cannot count them because it doesn’t make sense," Carpio explained. Furthermore, the Constitution mandates that only senators who have taken their oath should sit as judges in impeachment cases, according to Carpio. He noted that this directive would not apply to Senator Ronald dela Rosa, who has not been seen since he left "Senate custody" in mid-May amid efforts to arrest him through a warrant from the International Criminal Court. Regarding Senator Loren Legarda, Carpio stated she is "still qualified… but she cannot vote because she has to be present to vote." Carpio also suggested that Vice President Duterte may be compelled to appear as a witness during her own impeachment trial. Source: Philstar Nation