THREE retired Supreme Court justices will appear before the Senate impeachment court on Wednesday to provide their views on the constitutional requirement for convicting Vice President Sara Z. Duterte, particularly whether 16 votes should remain the threshold in the 24-member chamber.
Presiding Officer Sen. Francis “Chiz” Escudero announced Monday that retired Chief Justices Artemio Panganiban and Reynato Puno, along with retired Associate Justice Adolfo Azcuna, will serve as amici curiae, or friends of the court, when the tribunal takes up the issue on Sept. 16.
The three former magistrates were invited to address the interpretation of the phrase “two-thirds of all the Members of the Senate” under Article XI, Section 3(6) of the 1987 Constitution.
The provision states that no person shall be convicted in an impeachment trial without the concurrence of two-thirds of all Senate members. With the Senate constitutionally composed of 24 members, the requirement translates to 16 votes.
Escudero had previously ruled that 16 votes would be needed to convict Duterte. The ruling was later questioned by Senator-Judge Erwin Tulfo, who sought clarification on whether senators who are unable to participate in the proceedings should still be included in determining the required two-thirds majority.
The question could have a direct bearing on the outcome of the impeachment proceedings because any change in the number of senators counted in the voting base could alter the number of votes required for conviction.
Retired Chief Justice Hilario Davide Jr. will also participate as an amicus curiae, but will not personally appear before the tribunal. Escudero said Davide will submit a legal memorandum instead as he continues to recover from a medical procedure.
Azcuna and Davide were members of the 1986 Constitutional Commission that drafted the 1987 Constitution. Davide also served as presiding officer of the Senate impeachment trial of former President Joseph Estrada in 2000 and 2001.
Azcuna, meanwhile, was vice chair of the Constitutional Commission committee on accountability of public officers, which dealt with provisions concerning public officials and impeachment.
Panganiban, Puno and Azcuna are expected to present their respective legal views directly to the senator-judges, while Davide’s memorandum will be entered into the official records of the proceedings.
The four retired justices are participating as independent advisers to the impeachment court and do not represent either the House prosecution or Duterte’s defense.
The tribunal has also received a memorandum-position paper from Fr. Ranhilio Aquino, dean of the San Beda University Graduate School of Law, on the same constitutional question. Copies will be provided to the senator-judges and both parties.
The House prosecution and Duterte’s defense are scheduled to present their arguments on the voting threshold on Sept. 23. The senator-judges are expected to vote on Tulfo’s challenge after the parties have been heard.
For now, Escudero’s ruling that 16 votes are required to convict Duterte remains in force, unless the impeachment court subsequently decides otherwise.
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