HOUSE prosecutor Leila de Lima of Mamamayang Liberal (ML) Party-list is expected to represent the prosecution panel during Wednesday’s oral arguments on how the Senate Impeachment Court should interpret the Constitution’s two-thirds conviction threshold, House prosecutor Jose Manuel “Chel” Diokno of Akbayan Party-list said Sunday.
“I understand that it will be Congresswoman Leila de Lima,” he said in an interview over dzBB’s Bantay Balita sa Kongreso with Nimfa Ravelo and Isa Avendaño-Umali.
Diokno stressed that while the prosecution will take a position on the threshold issue, it ultimately recognizes the Senate Impeachment Court’s authority to resolve the issue and will respect whatever ruling it makes.
“Well unang una, sa tingin po namin ay itong bagay na ito ay talagang nasa kamay ng Senate bilang Impeachment Court at kung ano man ang magiging pagpasya nila sa isyu na ito ay syempre irerespeto po natin ‘yan,” Diokno said.
The oral arguments are expected to clarify whether the conviction threshold should remain fixed at 16 votes out of the Senate’s full 24-member composition, or move depending on the number of senator-judges actively participating in the impeachment trial.
This has been a dilemma for the Impeachment Court, with two senators detained over plunder charges, one in hiding, and another on medical leave, leaving only 20 senator-judges present during the trial.
But ahead of the prosecution’s oral arguments, Diokno said the views presented by retired chief justices invited as amici curiae, or friends of the court, appeared “more realistic” to the prosecution.
“Sa ngayon, ang masasabi ko lang po ay sa tingin namin, mas sabihin na lang natin mas realistic tingnan ang nakita naming mga opinyon ng ating mga talagang marurunong na former retired chief justice na humarap sa Impeachment Court noong nakaraang Wednesday,” he said.
On September 16, the Impeachment Court heard four retired chief justices on how the Constitution’s two-thirds requirement should be applied. These include former Chief Justices Hilario Davide Jr., Artemio Panganiban, Reynato Puno, and former Associate Justice Adolfo Azcuna.
Three of the four took the view that the required number of votes to convict an impeachable official is not necessarily fixed, considering that the Constitution expressly stated a fraction and not 16 to refer to the senators qualified to vote.
Diokno said the prosecution was impressed by how the former chief justices laid out the constitutional and legal considerations surrounding the issue.
“Ako ay talagang nabilib doon sa mga pagtatalakay ng ating mga chief justice at kita niyo naman na talagang pinag-aralan nila nang mabuti itong isyung ito. I really think they have really pinpointed kung ano ba talaga ang dapat tingnan na batas at mga authorities sa issue na ito,” he said.
He stressed, however, that the prosecution is not building its case around securing a particular numerical threshold, but on presenting evidence strong enough to persuade the Impeachment Court regardless of how the issue is resolved.
“Alam niyo, sa amin kasi, hindi namin tinitingnan ‘yang numbers. ‘Yung isyu na ‘yan, basta sa amin ang focus po namin ay makapag-presenta ng pinaka-solid na kaso,” Diokno said.
“We are operating on the mindset to present as strong a case as possible,” he said.
He acknowledged that both the prosecution and defense ultimately seek to persuade senator-judges, but reiterated that the prosecution will abide by the court’s decision.
“Of course both sides gusto nila makapag convince at ma-persuade ang members ng Impeachment Court at ‘yun din ang aming layunin sa prosecution,” he said.
Diokno also said the prosecution has no objection if senator-judges decide to take more time before voting on the threshold following Wednesday’s arguments.
“Wala po kaming problema doon at sabi ko nga kanina nasa kamay na ng ating mga senator judges ang pagpapasya pati na rin kung kailan nila dedesisyunan ito,” he said.
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