THE Senate impeachment court plans to hear legal experts on September 16, followed by oral arguments and a vote on September 23, to resolve the challenge to the voting threshold in Vice President Sara Duterte’s impeachment trial, presiding officer Sen. Francis Escudero announced Tuesday.
The September 16 setting remains subject to the availability of the invited experts, known as amici curiae or friends of the court. Escudero said the regular trial would give way to their views on the threshold issue if the proposed hearing proceeds.
“We will try to schedule the calling of the amici curiae on September 16,” he said.
The plan followed consultations during a recess with senator-judges and lawyers for the prosecution and Duterte. Escudero treated Senator Erwin Tulfo’s motion as an appeal and request for reconsideration of the chair’s ruling that conviction requires 16 votes, based on the Senate’s full membership of 24.
The scheduled vote concerns that threshold ruling. It is separate from a verdict on the impeachment allegations against Duterte, a distinction Senator Bam Aquino emphasized during the discussion.
“And we will schedule oral arguments by the parties on September 23, the following week, affording the parties more than two weeks to prepare for this matter before we put it to a vote on September 23 as well,” Escudero said.
He set equal speaking time for the prosecution and defense to explain their positions before the court decides the appeal.
“The parties will be given a period of 15 minutes each to discuss their position on the matter,” he said.
During the expert hearing, lawyers may submit their questions or interjections through the presiding officer. Senator-Judges may question the invited experts themselves, allowing the court to examine the competing interpretations before hearing the parties’ formal arguments the following week.
Senate President Sherwin Gatchalian asked for an explanation of the experts’ role so both Senator-Judges and the viewing public could understand the proposed process. Escudero described them as advisers who could guide the court on a complicated issue through their knowledge and experience.
“So literally translated, it is a friend of the court that we will be inviting,” Escudero said.
Senator Francis Pangilinan explained that such advisers could include eminent legal experts, retired chief justices, retired Supreme Court justices and constitutional specialists. He moved to authorize the presiding officer to select them in consultation with the prosecution, defense and Senator-Judges.
Escudero accepted that condition and said discussions with both parties had already produced an initial agreement on names. He withheld their identities because the prospective invitees had not yet been contacted about their willingness or availability.
“However, the chair cannot as of yet announce because we have not yet contacted them and asked them if they are willing to or if they are available, even available,” Escudero said.
Senator Pia Cayetano called for experts representing differing views and questioned whether the court had authority to reopen the threshold ruling. Escudero said those questions could be put to the advisers and acknowledged that divergent positions existed on Tulfo’s proposal.
“So we will be getting the agreement of the parties as to the amici curiae we will be calling to advise the court,” he said.
Defense counsel Michael Poa asked whether the eventual decision would be made by the presiding officer or through a vote of the impeachment court. Escudero confirmed that the Senator-Judges would decide the appeal.
“It will be a vote by the impeachment court,” he said.
Poa also sought confirmation that the parties would retain any available remedies after the ruling. Escudero agreed. Defense lead counsel Sheila Sison later placed on record that Duterte’s participation would be out of caution, without giving up objections to the proceedings or their outcome.
Apart from the threshold hearing, Escudero confirmed that the trial would proceed on Monday, September 14, for the prosecution’s next witnesses. He directed Article II lead prosecutor Akbayan party-list Rep. Chel Diokno to provide a list of three to four witnesses by the following day, while September 9 and 10 remained reserved for document marking at 10 a.m.
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