Metro Manila, Philippines – Four retired Supreme Court justices will participate in the determination of the number of votes required to convict or acquit Vice President Sara Duterte, amid questions over the voting threshold due to the absence of senator-judges.
In a statement on Thursday, Sept. 10, Impeachment Court spokesperson Regie Tongol said the court has appointed and “secured the formal participation” of four retired justices as amici curiae, or “friends of the court,” to provide expert legal advisories on the issue.
Three of them will physically appear before the court on Sept. 16:
- Chief Justice Artemio Panganiban
- Chief Justice Reynato Puno
- Associate Justice Adolf Azcuna
Chief Justice Hilario Davide Jr., who presided over the impeachment trial of then-President Joseph Estrada in 2000 to 2001, will submit a legal memorandum.
On Day 23 of the impeachment trial on Tuesday, Sept. 8, Senator-judge Erwin Tulfo appealed Presiding Officer Chiz Escudero’s July 6 ruling that at least 16 votes are required to convict Duterte, based on the Constitution’s two-thirds vote requirement.
Tulfo cited the continued absence of four senator-judges: detained Senators Jinggoy Estrada and Rodante Marcoleta; Senator Bato dela Rosa, who has gone into hiding amid an International Criminal Court arrest warrant; and Senator Loren Legarda, who is on extended medical leave.
Escudero then ordered the calling of amici curiae to weigh in on the issue on Sept. 16, followed by oral arguments from the prosecution and defense panels on Sept. 23, before the court makes a final decision.
“The Impeachment Court is not leaving constitutional math to guesswork or chance,” Tongol said.
He added that the court may invite more experts if necessary.
“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,” he said.
Procedure
On Sept. 16, the amici curiae will present their advisories, while Davide’s memorandum will be entered into the record. The senator-judges will then be allowed to ask clarificatory questions.
On Sept. 23, the House prosecution panel and counsel for Duterte will each have 15 minutes for oral arguments. The senator-judges will then ask questions before voting on the appeal.
The senator-judges will vote on the record and may explain their votes as the court settles the issue.
“The Impeachment Court will not rush the resolution of this constitutional threshold. Doctrinal accuracy and constitutional exactitude take precedence over speed,” Tongol said.
