Some senators want SC to decide on impeach vote threshold

MANILA, Philippines —  Senators JV Ejercito and Raffy Tulfo want the Supreme Court to decide on the voting threshold to convict or acquit Vice President Sara Duterte amid a possible deadlock due to the continued absence of four senators.

They said allowing the SC to resolve the delicate threshold issue would unburden and save the senators from the difficulties.

“I would rather have the Supreme Court decide so we can avoid any conflict,” Tulfo said.

“Let the Supreme Court decide and save us the trouble. But it depends on what the impeachment court and the senator-judges would discuss on Sept. 23. We need to decide,” said Ejercito.

The Senate impeachment court is looking at tapping amici curiae or friends of the court as resource persons and speak in open court to help senators settle the issue.

Presiding officer Sen. Francis Escudero said constitutional experts like former justices would speak on Sept. 16 before the prosecution and defense counsels hold oral arguments on Sept. 23.

On the same day, the impeachment court would vote whether or not to change Escudero’s ruling at the start of trial setting 16 votes to convict.

Escudero’s ruling was challenged by a motion by Sen. Erwin Tulfo on Tuesday questioning the phrase “all members” with respect to votes in convicting an impeached officer.

Tulfo asked whether “all members” strictly means 24 despite the absence of four senators, who are detained, at large or on leave and beyond the Senate’s coercive jurisdiction.

Tulfo pointed out that the chamber relies on the 1949 Supreme Court ruling Avelino v. Cuenco in determining a legislative quorum, which calculates the majority based only on members physically capable of attending.

Ejercito said Tulfo’s questions regarding the threshold are valid, citing the point raised by the other Tulfo that absent senators were unable to take part in the hearings.

“We will weigh things on Sept. 23 and decide what is best,” he said.

3 to 5 amici curiae

The impeachment court will invite three to five judiciary resource persons to educate the senators before they vote on the voting threshold, according to Senate President Sherwin Gatchalian.

But Gatchalian declined to name the “friends of the court” to be invited, but said he prefers former Supreme Court justices, legal luminaries and constitutionalists to educate them on Sept. 16.

“I don’t want to name names but they should be experts on the Constitution,” Gatchalian said.

Asked if the matter should instead be settled by the Supreme Court, Gatchalian said he doesn’t want to preempt the upcoming briefing with the amicus curiae and the oral arguments.

“It will depend on the explanation of the experts. We will all learn from them,” he said.

As to the requests of Sens. Rodante Marcoleta and Jinggoy Estrada to participate in the trial despite their detention for plunder, Gatchalian said the Senate should leave it to the Sandiganbayan to decide.

Gatchalian is hoping that the impeachment court could meet the timeline of finishing the presentation of evidence and rendering a verdict on or before December.

Duterte should testify

To face all the allegations against her and end the “trial by publicity” on social media, Duterte should testify in her impeachment trial, senators said yesterday.

The Tulfos stressed that the impeachment court is the proper forum for the Vice President to defend herself.

“Considering the so-called trial by publicity on social media, the impeachment court is the proper forum,” Erwin the younger senator said.

“This is the proper forum to explain your side, to give your side and if you have to deny it, then you have to deny it,” he added.

Raffy the older senator echoed this sentiment, noting that Duterte’s personal appearance would clear up lingering doubts.

“Ideally, yes. Let us hear it from the horse’s mouth. It is only the Vice President herself who can provide the answers,” he said.

But Erwin said the impeachment court would not compel the country’s second highest official to take the witness stand out of parliamentary courtesy, citing the precedent set during the impeachment trial of former president Joseph Estrada.

“But if she refuses, there’s nothing we can do. We cannot force her. Out of courtesy, we cannot subpoena her,” he explained.

Ejercito said impeached officers have the prerogative since they are already represented by their lawyers.

Palace press officer Claire Castro said it’s up to the impeachment court to decide whether the Vice President should take the witness stand.

“If that’s what the prosecution wants and if the Senate would allow it, let the Senate decide,” said Castro during a press briefing.?“And the prosecution is likely requesting this because the Vice President herself stated that she wanted a ‘bloodbath,’ and she had previously said she was ready to face allegations against her and clarify these issues,” she added.?“The decision rests with the Senate,” Castro said. – Marc Jayson Cayabyab, Helen Flores