Metro Manila, Philippines – Senator-judge Erwin Tulfo has formally asked the Impeachment Court to settle the number of votes to convict or acquit Vice President Sara Duterte with the continuing absence of some colleagues, prompting the court to schedule discussions on the matter.
“My question now is very basic: When we refer to all members, who exactly are we counting,? Tulfo asked on Day 23 of the impeachment trial on Tuesday, Sept. 8.
He later clarified that he was effectively seeking an appeal or reconsideration of Presiding Officer Francis “Chiz” Escudero’s July 6 ruling that the vote of at least 16 senators, or two-thirds of all 24 members of the Senate, is required to convict Duterte.
Only 20 senators have been physically present during the past weeks of the trial. Senators Jinggoy Estrada and Rodante Marcoleta are detained on separate plunder charges. Senator Ronald “Bato” dela Rosa is in hiding amid an International Criminal Court arrest warrant, while Senator Loren Legarda is on medical leave abroad.
“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,” Tulfo said.
“Should the constitutional design of making impeachment difficult, override equally important constitutional demand for accountability?” he asked.
In a chance interview with reporters, Tulfo explained that even legal luminaries, including former chief justices, have varying opinions on the threshold. He also noted that changing the base of 24 senators would lower both the number of votes needed for conviction and acquittal.
Tulfo noted the need for the court to settle the matter sooner rather than later as the voting day draws closer, particularly with the prosecution shifting strategies, which has affected the trial timeline.
On Tuesday, the House prosecution panel decided to forego presenting its remaining 15 witnesses for Article I, or misuse of confidential funds, as it intends to seek a subpoena for Duterte herself.
Threshold
In ruling on Tulfo’s motion, Escudero noted that under the rules, appeals or motions for reconsideration of the presiding officer’s decisions shall be decided without debate by a vote of ayes or nays. However, citing the “sensitive and serious nature” of the issue, Escudero instead set further discussions.
He set the calling of amici curiae, or “friends of the court,” composed of legal experts who will weigh in on the issue, for Sept. 16.
He also set oral arguments for Sept. 23, and said a decision will be made on that day.
