HOUSE impeachment team adviser and spokesperson Ace Barbers and Manila Rep. Bienvenido “Benny” Abante Jr. on Friday rejected a warning from Vice President Sara Z. Duterte’s camp that lowering the conviction threshold in her impeachment trial could allow the government to target senator-judges and influence the outcome.
Duterte spokesperson Salvador Paolo Panelo Jr. had warned that excluding senators who are unable to participate from the denominator could give those in power an incentive to go after senators they expect to vote against their preferred outcome.
“If the denominator, this 16, can be lowered, you are inviting those in power, the government, to target those senators who they expect will not vote in favor of what they want,” Panelo said Wednesday.
Barbers dismissed the argument as speculative, saying criminal cases involving individual senators should be judged on their own facts and evidence rather than presumed to be part of a government effort to alter the impeachment vote.
“Hindi naman porke sinabi ni Atty. Panelo ’yan, it doesn’t necessarily mean that is the correct opinion. Gaya ng sinabi ni Cong. Benny, speculative,” Barbers said during an online press briefing.
He said the government should not automatically be blamed for cases faced by senator-judges, particularly if the accusations against them are supported by evidence and subject to judicial proceedings.
“So all these things are not fabricated. So parang sinisisi pa ’yung gobyerno na kaya merong mga kasong ganito, eh dahil inimbento against you,” Barbers said.
He maintained that senators facing cases should answer the accusations through the legal process.
“Magpaliwanag kayo, harapin ’yung kaso,” Barbers said.
Abante likewise described Panelo’s scenario as speculative and said concerns over possible political manipulation should not prevent the Senate impeachment court from resolving the constitutional question before it.
“’Yung binanggit ni Atty. Panelo would be more speculative than talagang totoo,” Abante said.
He said the issue should instead be approached on the basis of fairness and justice, including whether senator-judges who have not participated in the proceedings should be counted in determining the votes required for conviction.
“Why don’t we give the right for the senator-judges to be able to change the threshold when it is necessary. Ang pinag-uusapan po dito ’yung fairness saka justice,” Abante said.
The dispute centers on Presiding Officer Sen. Francis “Chiz” Escudero’s ruling that 16 votes, or two-thirds of the full 24-member Senate, are necessary to convict Duterte.
Retired Chief Justices Artemio Panganiban, Reynato Puno and Hilario Davide Jr., invited by the impeachment court as amici curiae, took different approaches but agreed that the number required for conviction could change depending on which senators may legally be counted.
Retired Associate Justice Adolfo Azcuna disagreed, maintaining that all sitting senators should remain part of the denominator.
Panelo has sided with Azcuna’s interpretation, arguing that reducing the denominator could weaken the constitutional safeguard requiring broad support before an impeachable official can be removed.
The House prosecution and Duterte’s defense are scheduled to present their respective arguments on the threshold issue on Sept. 23. Escudero’s 16-vote ruling remains in effect unless overturned by the impeachment court.
metrosundaily
