
By Benjamin Cuaresma
MANILA, Philippines — Vice President Sara Duterte’s camp is challenging the Senate impeachment court’s revised conviction threshold, with her spokesperson Paolo Panelo calling the ruling a “sham” and defense lawyers signaling that the dispute could eventually reach the Supreme Court.
The Senate impeachment court on Wednesday overturned its earlier interpretation requiring 16 votes to convict Duterte and ruled that the two-thirds requirement would instead be computed from senator-judges who remain legally and factually capable of participating when judgment is rendered.
The ruling followed questions over the participation of senators who are detained, medically incapacitated, absent or otherwise unable to perform their functions.
Panelo rejected the new interpretation, insisting that the Constitution expressly requires the concurrence of two-thirds of all members of the Senate.
“Lokohan na ’tong nangyayari at kaya nga sila posibleng umakyat sa Korte Suprema,” Panelo said.
He argued that the constitutional provision does not distinguish between senators who are present, absent, detained or otherwise unable to vote.
“Two-thirds of all members. Hindi naman two-thirds of all members present. Hindi two-thirds of all members that are not incarcerated. Hindi naman two-thirds of all members that can vote,” he said.
Panelo also questioned the vote of Sen. Mark Villar, who joined the majority in supporting the revision of the threshold.
Panelo suggested that Villar’s vote could have been influenced by the Ombudsman’s recent announcement of graft investigations involving PrimeWater, a utility company previously associated with Villar’s family.
“To me, it doesn’t look like it’s coincidental,” Panelo said.
He further claimed that the announcement involving Villar’s family may have affected the senator’s position.
Villar has previously maintained that he has no involvement in PrimeWater’s operations. He had not responded to requests for comment on Panelo’s remarks at the time of the report, while his family has said it would respect the legal process.
Duterte’s defense team, meanwhile, said it would continue participating in the impeachment proceedings while preserving its right to pursue other legal remedies.
Defense counsel and spokesperson Michael Poa said the camp respected the senator-judges’ decision but did not consider the matter closed.
“I do not want to say anything against the court. ‘Yan po ang naging pasya ng senator-judges. We have to respect that, but that doesn’t mean we do not have legal remedies,” Poa said.
He confirmed that bringing the matter before the Supreme Court remains a possibility, although the timing would still have to be discussed with Duterte.
“Everything is on the table,” he said.
Poa also made clear that the defense would continue with its existing strategy despite the change in the voting threshold.
Lead defense counsel Sheila Sison had earlier said Duterte’s legal team would continue participating in the trial while proceeding ad cautelam, or with caution and without prejudice to further remedies.
Poa said the court’s decision had not fundamentally altered the defense strategy.
“The best we can do right now is to do our job well as defense counsel, but also put on record that whatever we do will be ad cautelam, meaning without prejudice to further remedies,” he said.
He added that the defense would continue with its planned approach despite the ruling.
“It hasn’t changed our game plan. Tuloy-tuloy pa rin naman kami at alam pa rin naman namin ’yung gagawin namin,” Poa said.
ia/xf
