Prosecution cites Senate’s sole power as VP Sara defense eyes SC challenge on threshold

THE House prosecution on Wednesday maintained that the Senate Impeachment Court has the sole power to decide the disputed conviction threshold in Vice President Sara Z. Duterte’s trial as her defense raised the possibility of challenging the eventual ruling before the Supreme Court (SC).

House prosecution legal spokesperson and counsel Benjamin “Jay” Tolosa Jr. cited the views of some amici curiae that the threshold is a political question for the Senate to decide.

“They said it is only the Senate, sitting as an impeachment court, who has the sole power to decide on this matter,” Tolosa said at a press briefing.

“Ayon sa kanila, this is a political question that cannot be questioned before the Supreme Court and that the Supreme Court cannot determine. It’s only for the Senate,” he added.

Defense counsel Michael Wesley Poa raised the possibility of bringing the threshold issue before the Supreme Court during Wednesday’s oral arguments.

Tolosa acknowledged that grave abuse of discretion could provide a ground for judicial review, but cited retired Chief Justice Artemio Panganiban’s discussion on what would be required to establish it.

“But sabi nga niya, mahirap na sabihin na may grave abuse of discretion, considering na nag-imbita pa sila ng amicus curiae para pakinggan ang kanilang mga opinyon sa bagay na ito at nagkaroon pa ng oral arguments para marinig ang magkabilang panig,” Tolosa said.

He nevertheless acknowledged that the Supreme Court would ultimately determine the question should the issue reach the high court.

“But at the end of the day, it’s the Supreme Court who will determine that question,” he said.

Asked whether a Supreme Court challenge could delay the impeachment trial, Tolosa said the proceedings should continue unless restrained by a temporary restraining order (TRO).

“Of course, kung walang TRO, then this should proceed,” he said.

The Senate impeachment court later voted on Senator-Judge Erwin Tulfo’s challenge to Presiding Officer Sen. Francis “Chiz” Escudero’s July 6 ruling that required 16 votes, or two-thirds of the full 24-member Senate, to convict Duterte.