The Senate Impeachment Court has appointed retired Supreme Court Chief Justices and a retired Associate Justice as amici curiae who will provide their expert opinions on the issue of the voting threshold in Vice President Sara Duterte’s impeachment case.
The amici curiae are retired Chief Justices Artemio Panganiban and Reynato Puno, and retired Associate Justice Adolfo Azcuna, who will appear before the Senate on September 16.
Retired Chief Justice Hilario Davide will also participate via the submission of a legal memorandum.
“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,” Impeachment Court spokesperson Regie Tongol said in a statement.
Tongol said the Impeachment Court will not comment on the substantive details of any advisory they may present before it is formally submitted to the court.
When the amici curiae appear before the Senate, only the senator-judges may ask them clarificatory questions.
On September 23, the defense and the prosecution will be given time to present their own oral arguments and may be questioned by the senator-judges.
On the same day, the Impeachment Court will vote on the issue.
The legal experts were sought and oral arguments scheduled after Sen. Erwin Tulfo questioned whether 16 votes are still required to convict in Duterte’s trial, given that some of their colleagues, while remaining senators, cannot participate in the proceedings.
Senators Jinggoy Estrada and Rodante Marcoleta are detained over their plunder cases, Sen. Loren Legarda is on medical leave, while Sen. Ronald Dela Rosa is in hiding.
Tulfo noted that some members are beyond the coercive power or jurisdiction of the Senate.
Presiding Officer Sen. Francis Escudero earlier ruled that 16 votes are required to convict based on the constitutional requirement of a two-thirds vote of all members of the Senate.
Escudero said “all” pertains to the 24 members of the Senate, but some have argued that the base should depend on how many senators are actually participating in the trial.