Former Iloilo representative Niel Tupas Jr., lead prosecutor in the impeachment trial of the late Chief Justice Renato Corona, warned of the danger of some senator-judges interpreting the Constitution on the voting threshold for the impeachment trial of Vice President Sara Duterte.
Tupas said senators sitting as an impeachment tribunal have the power to interpret the Constitution at the first instance, but questioned whether if some of them have the legal background needed to interpret constitutional provisions.
“Although the senators sitting as impeachment judges, they have the power to interpret the Constitution at the first instance. But, Attorney Karen, they don’t have the tools to interpret it,” Tupas said during an interview on Bilyonaryo News Channel’s At The Forefront with Atty. Karen Jimeno.
“They didn’t study pre-law. They didn’t study law. They didn’t take a bar. They didn’t practice law. And that’s the danger for me,” he added.
Tupas said the Senate, sitting as an impeachment tribunal, is currently hearing arguments on the constitutional provision governing the number of votes needed to convict.
He said all amici curiae who participated in the proceedings agreed that the Senate has the authority to interpret constitutional provisions at the first instance.
“I hope the Senate will not vote in interpreting the Constitutional provision. I hope. But I think they will, ultimately,” Tupas said.
Tupas also discussed the possible effect of senators being unable to participate in the proceedings.
He cited Sen. Ronald “Bato” dela Rosa, who he described as a fugitive from justice, and detained senators Jinggoy Estrada and Rodante Marcoleta as senators who are currently unable to participate.
He said Sen. Loren Legarda, who is abroad, is not similarly incapacitated from participating or voting, leaving 21 senators who could take part.
Tupas said that if the Senate votes to lower the threshold based on those capable of participating, he expects the required number to be 14.
“If ever they will vote and win the lowering, I think they will lower it to 14,” he said.
Tupas said that any Senate interpretation of the Constitution ultimately be brought before the Supreme Court.
“And that’s the danger for me. For them to interpret, I hope, I hope that whatever it is, they will send it to the Supreme Court,” he said.#