The Senate Impeachment Court has scheduled oral arguments on the number of votes required to convict in Vice President Sara Duterte’s trial, given that several senators are detained or otherwise unable to participate in the proceedings.
The court will also invite legal experts to serve as amici curiae and give their insights on the issue, according to Presiding Officer Sen. Francis Escudero.
This came after Sen. Erwin Tulfo asked for clarification on the voting threshold, given that some of their colleagues, while remaining senators, cannot participate in the trial.
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.
He said that if the requirement to convict is based on two-thirds of 24 regardless of the actual number of senators participating in the trial, there could be an “acquittal by default.”
“If we insist that the voting base is fixed at 24, regardless of the evidence presented, regardless of the vote of the senators who are able to listen to the testimonies, the absence of those senators, whether we like it or not, will result in an acquittal by default,” he said.
“The question is not whether we should make conviction easier. What we should ask ourselves this time, Mr. Presiding Officer, Mr. Senate President, and my fellow senator-judges, should the constitutional design of making impeachment difficult override the equally important constitutional demand for accountability?” he added.
He also asked if the Senate would accept the votes of members who did not participate or whether their votes would be automatically considered a “no.”
Escudero earlier ruled that 16 votes are required to convict based on the constitutional requirement of the two-thirds vote of all members.
But since Tulfo questioned this, the Impeachment Court will hold oral arguments and seek experts’ opinions.
Escudero noted that under the rules, any appeal from the ruling of the chair should be decided without debate, by ayes and nays.
But since the issue is serious and sensitive, he said the parties will be asked to present their oral arguments and legal experts will be asked to provide their opinions.
The amici curiae will be asked to appear on September 16 and the oral arguments from the defense and the prosecution will be on September 23. The vote will be on September 23 as well.
Sen. Pia Cayetano questioned whether the Impeachment Court has a right to decide on the threshold, since Escudero earlier said the 16-vote requirement to convict is in line with the Constitution, and those who disagree may go to the Supreme Court.
Cayetano also said the amici curiae should offer perspectives on both sides of the issue.