Former Integrated Bar of the Philippines president Antonio Pido sees no basis yet for a Supreme Court case after the Senate Impeachment Court voted to exclude senators unable to legally and factually participate in the proceedings from the two-thirds vote needed to convict Vice President Sara Duterte.
Pido said that at this point, there is no justiciable controversy yet because the Senate has yet to exercise the new rule and convict or acquit Duterte, and it has not violated any of the defendant’s rights.
Pido said there would only be a justiciable issue if there are two rights that clash with each other, not just theories. This is when the Supreme Court could step in, he said.
“Sa tingin ko wala pang justiciable controversy. Hindi pa sila nagbobotohan kung guilty or not guilty. So binago man nila ang sistema ng pagbilang ilan ang two-thirds, pero hindi pa nila ginagamit. Malay mo ma-acquit siya?” he said on Bilyonaryo News Channel’s “On Point.”
“I think the justiciable controversy would come up kung ma convict siya,” he added.
He also said that while Presiding Officer Sen. Francis Escudero earlier ruled that 16 votes are needed to convict based on the 24 total members of the Senate, the Impeachment Court has the power to change its rules.
If Duterte’s camp feels there has been grave abuse of discretion by the Impeachment Court in changing the interpretation of the conviction vote mid-trial, Pido said it can bring the matter before the Supreme Court.
“Kung ang iba, ang pananawa nila ay umaabuso na ang senado, let them try to make their case before the Supreme Court. Tingnan natin, di ba,” he said.
But in his view, the Impeachment Court’s act does not constitute tinkering with the Constitution since it was exercising its authority to make its own rules.
He doubts that the Supreme Court would rule on the case.
“With due respect, tingin ko hindi pa eh. It’s not yet ripe for decision kasi it could go either way. Kailangan merong karapatan na nilalabag ang isang tao para pakinggan ng husgado. That’s basic,” he said.
The Senate voted on Wednesday to overturn Escudero’s earlier ruling that 16 votes are needed to convict.
Under the new rule, only the senator-judges who can “legally and factually” participate in the impeachment proceedings would be counted when determining the two-thirds vote required to convict in Duterte’s trial.
Excluded from the denominator are senators who are detained or suspended; who are sought by authorities and whose whereabouts are unknown; who are suffering from a physical or medical incapacity; who are beyond the coercive processes of the Senate; and who are similarly situated.
At present, two senators are detained, one is on medical leave, and one is in hiding.