Defense may question voting threshold rule before SC

MANILA, Philippines —  The defense team said questioning the ruling of the Senate impeachment court on the threshold to convict Vice President Sara Duterte before the Supreme Court remains an option.

“I think what Senator-judge Panfilo Lacson mentioned earlier (is) that we might be heading to the Supreme Court. Of course, there’s always that possibility,” defense spokesman Michael Poa said at a press conference.

Poa registered the position of Duterte’s legal team after the impeachment court invited retired Supreme Court associate justice Adolf Azcuna and retired chief justices Artemio Panganiban and Reynato Puno as amici curiae or judiciary resource persons, and shared their insights on the voting threshold in Duterte’s trial.

“When we say ad cautelam, it means out of abundance of caution. Because we have things to raise in our oral arguments regarding these matters. And we feel that it would serve the best interest of our client, the Vice President, if we put on record that our participation in the session today as well as the oral arguments next week will be ‘ad cautelam,’” Poa added.

Sen. Erwin Tulfo appealed presiding officer Sen. Francis Escudero’s previous ruling setting the conviction threshold at 16 votes based on the full 24-member Senate despite the absence of four members.

Sens. Jinggoy Estrada and Rodante Marcoleta are detained for plunder while Sen. Ronald dela Rosa is in hiding. Sen. Loren Legarda is on an extended medical leave abroad.

“We’re not saying categorically that we will go up to the Supreme Court. That would be preempting whatever decision the Senate, sitting as an impeachment court, would be making,” Poa added.

The Duterte camp believes that the proponents of the impeachment trial do not have 16 votes to convict her amid moves to lower the voting threshold.

Duterte spokesman Paolo Panelo backed the position of retired Supreme Court associate justice Adolf Azcuna that the two-thirds votes or 16 out of 24 senators should be strictly followed by the Senate court.

“I’m in favor of Justice Azcuna’s opinion that that two-thirds vote, this 16 voting threshold, was deliberately made difficult so that one faction, they couldn’t easily use this impeachment to remove a government official, an impeachable officer, like the Vice President, who was voted for by 32 million people,” Panelo said.

Aside from Azcuna, retired chief justices Panganiban and Puno appeared before the impeachment court as judiciary resource persons and shared their insights on the debatable voting threshold.?“That’s what VP Sara said, ‘Why would they debate or know the answer to the question of the voting threshold if they don’t have a plan to change it? It looks like that’s their plan. And for me, this just shows that it looks like they can’t convict VP Sara in the Constitution that says 16 votes for conviction. It looks like they’ll have a hard time getting the 16, so they’re looking for a way to make it lower,” Panelo added.?The legal luminaries enlightened the senators on whether the impeachment court can lower the threshold of “two-thirds of all members” to convict the Vice President, due to the physical absence of four senators who are on leave, at large or detained.

“But does that opinion still make sense if our government manipulates the participation of senators by filing cases against them or threatening to file cases against them? After all, that means the person in office can control the outcome of the vote,” Panelo added.

The court has also secured the participation of retired chief justice Hilario Davide Jr., who submitted a legal memorandum on the issue.

“So that even VP Sara’s political opponents can understand, what if (former) VP (vice president) Leni (Robredo) is the subject of impeachment and the ones being imprisoned are Sen. Bam (Aquino) or Sen. Risa (Hontiveros). Is that still the opinion of those on the other side that the voting threshold can be changed here in impeachment? I don’t think so. I think they will change their minds,” Panelo added.

The defense reiterated that it will exhaust all legal remedies regarding the threshold issue in the Vice President’s impeachment trial.

In his manifestation, defense spokesman Michael Poa registered the position of the legal team as Azcuna, Panganiban and Puno graced the trial and shared their insights on the voting threshold.

“The defense would like to put on record that our participation in this proceeding, as well as the subsequent proceeding on the oral arguments, shall be made ad cautelam, as the result of these proceedings on the said issue may affect the rights of our client,” Poa said.

“So, they are preserving their legal remedies. So, let’s just wait and see what will be done,” Panelo said.

Panelo, who is Duterte’s new spokesman, said he was not appointed to counter ev- ery statement of Palace press officer Claire Castro.

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