By Benjamin Cuaresma
MANILA — The House prosecution panel may ask the Senate Impeachment Court to lower the number of votes required to convict Vice President Sara Duterte, arguing that senators who are unable to participate in the proceedings should not be counted in determining the constitutional threshold.
Robert Ace Barbers, legal adviser to the House prosecution team, said the issue is expected to be formally raised by lead prosecutor Batangas Rep. Gerville “Jinky” Luistro at the appropriate stage of the impeachment proceedings, which resume on July 6.
Barbers described the matter as a significant constitutional issue that may ultimately require a ruling from the Supreme Court.
“At the appropriate time, I am confident that Congresswoman Jinky Luistro, as lead prosecutor, will raise this issue before the impeachment court,” Barbers said during a media briefing.
Under the 1987 Constitution, conviction in an impeachment trial requires the concurrence of at least two-thirds of all members of the Senate. With the Senate composed of 24 members, a conviction traditionally requires 16 affirmative votes.
However, Barbers argued that the constitutional threshold should be adjusted if senators are unable to perform their duties as impeachment judges because they cannot participate in the trial.
“There is merit in lowering the conviction threshold. It is not prudent for a judge to decide a case in which he or she did not hear the evidence, observe the witnesses, or participate in the proceedings,” he said.
He cited a 1949 Supreme Court ruling, which defined a Senate majority based on members whose attendance could still be compelled, suggesting that the same legal principle may apply to impeachment proceedings.
“If some members are no longer under the coercive jurisdiction of the Senate, then the required number should likewise be adjusted,” Barbers added.
The issue has gained prominence following uncertainty over the participation of several senators in the impeachment proceedings.
Questions have emerged after Senator Ronald “Bato” dela Rosa reportedly went into hiding amid concerns over a possible arrest warrant issued by the International Criminal Court (ICC), while Senator Jinggoy Estrada remains under detention in connection with a plunder case linked to the alleged multibillion-peso flood control scandal.
Meanwhile, Senator Rodante Marcoleta is also facing a possible plunder complaint before the Sandiganbayan over alleged undisclosed campaign contributions.
The prosecution maintains that senators who fail to hear testimony, examine documentary evidence, and observe witness demeanor should not be allowed to cast votes in the final judgment.
“Where can you find a judge deciding a major case without hearing the evidence, appreciating the testimony, or observing the witnesses firsthand?” Barbers asked.
Aside from the vote threshold issue, the prosecution panel is also expected to seek clarification from the Senate Impeachment Court regarding several pending requests.
Among these are motions to open a sealed container reportedly containing the tax records of Vice President Duterte and her husband, lawyer Manases Carpio, as well as a request to allow private prosecutors to directly question witnesses during the proceedings.
Barbers said the 11-member prosecution panel is preparing to submit its comments on the Senate’s pretrial order before the formal presentation of evidence begins next week.
Vice President Duterte faces impeachment over allegations that include the misuse of confidential funds, unexplained wealth, and alleged threats against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and Speaker Martin Romualdez. She has consistently denied any wrongdoing.
The impeachment trial is expected to become one of the most consequential constitutional proceedings in recent Philippine history, with legal experts closely watching how the Senate resolves key procedural and constitutional issues before hearing the merits of the case.
ia/xf
