Only 21 senators qualified to vote in Sara Duterte impeachment — Carpio - GMA Network

For retired Supreme Court (SC) Associate Justice Antonio Carpio, only 21 senator-judges are qualified to vote in the impeachment trial of Vice President Sara Duterte.

“That’s the present situation now. 21 lang ang senator-judges natin ngayon (we only have 21 senator-judges right now),” Carpio said in an interview on Super Radyo dzBB.

According to Carpio, senators who are detained or have not taken their oaths should not be included in the denominator for two-thirds voting threshold required to convict an impeached official.

Carpio said the denominator depends on who are qualified to vote.

“Kapag namatay ka na or you were removed or you are suspended because you are charged before the Sandiganbayan because of anti-graft or anti-plunder acts, automatically suspended ka, eh,” he said.

(When you die or you were removed or you are suspended because you are charged before the Sandiganbayan for anti-graft or anti-plunder acts, you are automatically suspended.)

The SC has ruled that the moment that an official is preventively under suspension for a non-bailable offense, he cannot hold public office, according to Carpio.

“Ganyan din mangyayari. Si (Senators Rodante) Marcoleta at saka si Jinggoy (Estrada). They cannot go in public office. Saka under the anti-graft law, under the anti-plunder law, they are automatically and mandatorily suspended from office," he said.

“Si Senator Bato ang problema niya hindi siya nag oath. Nakalagay sa Constitution, when sitting as a senator-judge, they must take their oath. They must be under oath. Hindi siya nag take ng oath,” he added.

(The same thing will happen. Marcoleta and Jinggoy. They cannot go into public office. And under the anti-graft law, under the anti-plunder law, they are automatically and mandatorily suspended from office.)

Senator Rodante Marcoleta is detained over a P75-million plunder case while Senator Jinggoy Estrada is detained over a P573-million plunder charge.

Senator Ronald “Bato” dela Rosa, meanwhile, has not appeared in public since his departure from the Senate premises on May 14, after authorities attempted to serve an International Criminal Court (ICC) warrant against him.

On Wednesday, former chief justices Reynato Puno, Hilario Davide Jr., Artemio Panganiban, and former Associate Justice Adolfo Azcuna took part in the impeachment trial of Vice President Sara Duterte as amici curiae or friends of the court.

They were asked to provide their expert opinion on the vote threshold needed to convict an impeached official, which the Constitution set at “two-thirds of all the Members of the Senate.”

Atty. Rodel Taton, dean of the San Sebastian College Recoletos Manila-Graduate School of Law, expressed hope that senator-judges will side with truth rather than political alliances.

“Sana may mga naantig doon sa mga sinabi ng ating justices ng SC. And sana kung hindi pa sila nakapag desisyon, marapatin nilang makinig sa ebidensya, tignan ang ebidensya para maayos at tama,” he said in a separate Super Radyo dzBB interview.

(We hope that some of those who heard what our SC justices said were moved by it. And hopefully, if they have not yet made a decision, they will listen to the evidence and look at the evidence so that it can be properly and correctly.)

“Kasi hindi lang naman konsensya ang kailangan dito. Kailangan din nila tignan, basically, ang ebidensya na prini-present dito sa hukuman, sa impeachment court,” he added.

(Because conscience alone is not what is needed here. They also need to look, basically, at the evidence being presented here before the court, the impeachment court.)

Taton stressed that this is about the people and public funds.

He also echoed the amici curiae’s position that it is up to the senator-judges to decide on the voting threshold.

Meanwhile, interviewed on UH on Record, San Beda Law professor Atty. Adonis Gabriel said there is a high possibility that Escudero’s ruling that the base number to convict an impeached official is all 24 senators will be overturned.

“Unang-una, nakita natin 'yung mga sentimyento ng ating mga tao. Nakita rin naman natin 'yung mga posisyon ng ating mga dating SC justices,” he said.

(First and foremost, we saw the sentiments of our people. We also saw the position of our former SC justices.)

“So naipaliwanag nila. So base dito, iniexpect ko na magkakaroon ng panibagong posisyon ang Senado bilang impeachment court,” he added.

(So they explained it. So based on this, I expect that the Senate, as the impeachment court, will have a new position.)

When asked if Escudero himself will change his position, Gabriel said that Escudero explained that he made the ruling to push the issue to the Supreme Court.

“And sinabi niya, hindi ito katigasan ng ulo. So, parang sinasabi niya na ready siyang makinig. At sinabi niya na kung i-reconsider ko man 'yung position ko, base 'yun doon sa pag-unawa niya sa Saligang Batas,” he said.

(And he said, this is not stubbornness. So, it’s like he was saying that he is ready to listen. And he said that if he were to reconsider his position, that would be based on his understanding of the Constitution.) —AOL, GMA News