By Benjamin Cuaresma
MANILA — The Senate impeachment court is preparing to bring in a panel of legal experts, potentially including former Supreme Court justices, to settle a contentious voting issue that could directly affect the outcome of Vice President Sara Duterte’s impeachment trial.
Senate President Sherwin Gatchalian said the court is considering three to five amici curiae, or independent legal experts who can guide the constitutional question involving the number of senators who should be counted in determining the votes required for conviction.
The proposed panel could include retired Supreme Court chief justices and associate justices, with both the prosecution and defense expected to submit recommendations for consideration.
At the center of the dispute is whether senators who are unable to participate in the proceedings should still be included in determining the two-thirds vote required to convict an impeached official.
The Constitution requires the concurrence of two-thirds of all members of the Senate for conviction. With 24 senators, the threshold is currently 16 votes.
Sen. Erwin Tulfo raised the issue during Tuesday’s proceedings, prompting the impeachment court to consider seeking an authoritative legal interpretation before proceeding to a final vote.
Tulfo stressed that his question was not aimed at lowering the constitutional requirement. Instead, he sought clarification on whether senators who are unable to participate should nevertheless remain part of the computation.
The question could also affect the number of votes needed for an acquittal.
Senate President Francis Escudero, who is presiding over the impeachment proceedings, said the proposed legal advisers would be heard on Sept. 16, when the court is not scheduled to conduct trial proceedings. The prosecution and defense are expected to argue their respective positions before the court on Sept. 23, when the senators are scheduled to vote on the issue.
Sen. JV Ejercito said he would rather have the Supreme Court resolve the constitutional question, arguing that an external ruling would remove the burden from senators of deciding an issue that could have a direct bearing on the trial.
Another unresolved matter involves the participation of detained senators Jinggoy Estrada and Rodante Marcoleta. Gatchalian said their attendance would depend on authorization from the Sandiganbayan, which has jurisdiction over their detention.
The proceedings could also see Duterte personally defend herself before the impeachment court.
Tulfo urged the Vice President to take the witness stand, saying the trial would give her an opportunity to directly answer the allegations against her. He acknowledged, however, that Duterte cannot be forced to testify.
Ejercito likewise said testifying remains Duterte’s decision but noted that personally appearing before the court could allow senators to hear her side directly.
Gatchalian declined to predict whether Duterte’s testimony could influence the senators’ votes, saying he too remains among those who must eventually decide the case.
Despite the legal questions still confronting the impeachment court, Gatchalian said he remains hopeful that the trial can be completed before December, particularly as the prosecution has begun reducing the number of witnesses it plans to present.
The immediate focus, however, remains the voting question—a constitutional issue the Senate wants settled before it reaches the final judgment on Duterte’s impeachment case.
ia/xf
