By Benjamin Cuaresma
MANILA, Philippines — Sen. Panfilo Lacson said Thursday that the conflicting views of four retired Supreme Court justices will guide his decision when the Senate impeachment court votes next week on the number of votes needed to convict Vice President Sara Duterte.
Lacson cited retired Chief Justices Reynato Puno and Artemio Panganiban, retired Associate Justice Adolfo Azcuna and retired Chief Justice Hilario Davide Jr. for their differing interpretations of the constitutional two-thirds requirement.
Puno favored a contextual reading, saying the 16-vote requirement should not necessarily remain fixed when circumstances prevent some senators from functioning as impeachment judges.
Panganiban similarly stressed “truth and fairness,” arguing that fairness could be achieved through the senators actually present.
Azcuna took the opposite view, maintaining that all 24 senators must remain the denominator because the Constitution says “all means all.”
Davide, in a memorandum read during the proceedings, said the computation should be based on senators “qualified to vote.”
Lacson questioned whether it would be fair to require 16 votes if only 15 senator-judges are able to participate in the trial.
The issue arose after Sen. Erwin Tulfo challenged Presiding Officer Francis Escudero’s ruling that 16 votes are required for conviction under the constitutional provision requiring the concurrence of two-thirds of all Senate members.
The impeachment court will hear oral arguments on Tulfo’s motion on Sept. 23, with the senator-judges expected to vote on whether to overturn Escudero’s ruling.
Meanwhile, the court issued show-cause orders against members of the House prosecution panel over public statements concerning the impeachment case.
The respondents will be required to explain their statements before Escudero decides whether sanctions are warranted.
ia/xf
