4 Retired SC Justices to Serve as Amici Curiae in VP Duterte Impeachment Trial

MANILA, Philippines – Four retired Supreme Court (SC) justices will serve as amici curiae, or “friends of the court” in the impeachment trial of Vice President Sara Duterte and weigh in on the 16-vote threshold for conviction. Senate Impeachment Court spokesperson Reginald Tongol on Thursday, September 10, said the court has secured the formal participation of four retired justices as of 2 pm, with three physically appearing before the impeachment court on Wednesday, September 16. The three are : Retired Chief Justice Artemio V. Panganiban Retired Chief Justice Reynato S. Puno Retired Associate Justice Adolf S. Azcuna Retired Chief Justice Hilario G. Davide Jr., who served as presiding officer during the impeachment trial of former President Joseph Estrada in 2000, will also participate but will submit a legal memorandum instead of appearing in person. “The Impeachment Court commends the prompt cooperation of these distinguished jurists. Securing their counsel marks a critical procedural milestone, ensuring that this trial proceeds anchored on verified constitutional bedrock,” said Tongol. According to Tongol, the four-man panel constitutes the court’s initial list of amici curiae and additional experts may still be invited. He also said the court will not release or comment on any substantive details as regards written advisories submitted beforehand, adding that senator-judges will hold the right of first review of the documents. “Since an amicus curiae provides expert legal doctrine, not factual evidence and the constitutional right to cross-examine applies only to fact witnesses, not scholars advising the bench, the legal panels will just sit and listen during the whole presentation,” he said. Amici curiae panel During the September 16 proceedings, Tongol said the three-member live panel of amici curiae will present their advisories, while Davide’s memorandum will be formally entered into the record. Only senator-judges will be allowed to ask clarificatory questions. On September 23, the House prosecution panel and Duterte’s defense counsel will each be given exactly 15 minutes for oral arguments on the appeal. After a final round of questions from the senator-judges, the impeachment court will vote on the record, with time allotted for senator-judges to explain their votes. “The Impeachment Court will not rush the resolution of this constitutional threshold. Doctrinal accuracy and constitutional exactitude take precedence over speed,” said Tongol. The impeachment court raised discussions on inviting amici curiae after Senator-judge Erwin Tulfo sought clarification on the voting threshold for Duterte’s conviction or acquittal, citing the continued absence of four senators. Four senator-judges were absent on day 23 of the trial: Loren Legarda, Ronald “Bato” dela Rosa, Rodante Marcoleta and Jinggoy Estrada. Legarda remains under extended medical leave abroad due to lung illness while Dela Rosa is in hiding in view of an arrest warrant from the International Criminal Court (ICC). Marcoleta and Estrada are detained for separate plunder charges. Article XI, Section 3(6) of the 1987 Constitution states that the conviction of an impeachable official requires the concurrence of two-thirds of all the members of the Senate. – Rappler.com