THE House prosecution reserves the right to question the impeachment conviction threshold before the Supreme Court if the Senate’s application of the 16-vote requirement eventually causes an injury to its case against Vice President Sara Z. Duterte.
⠀House trial spokesperson and impeachment adviser former Surigao del Norte Rep. Ace Barbers raised the possibility as questions persisted over how unavailable or absent senator-judges could affect the final vote in Duterte’s trial.
“Kami naman siyempre at the appropriate time kapagka nagkaroon na ng tamang panahon na ito’y iangat sa Supreme Court and we feel that there is an injury that has been committed or has been done, then kami mismo sa prosecution probably will initiate, if and when we feel the issue has become justiciable and we will be the aggrieved party. But kung hindi naman, I don’t think there is a reason to bring it up to the Supreme Court,” Barbers said.
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Article XI of the Constitution requires the concurrence of two-thirds of all members of the Senate to convict an impeached official, which the Senate as an Impeachment Court, has so far interpreted as requiring 16 votes from the 24-member chamber.
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Barbers said the prosecution cannot presently ask the Supreme Court for an advisory ruling because the dispute has not yet produced an actual controversy requiring judicial resolution.
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“Kasi tama naman din yung sinabi ni Cong. Terry na we cannot go up to the Supreme Court and ask for consultation, hindi, kasi ‘yun nga it is clear that if the issue becomes justiciable, meaning meron ng injury na nangyari, the aggrieved party can raise the issue before the Supreme Court so that they can decide,” Barbers said.
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Questions over the threshold have intensified because several senator-judges have been unavailable during portions of the proceedings, raising questions if 16 votes would still be required even if some senators were not able to participate like Sen. Ronald dela Rosa, who is in hiding and Sens. Jinggoy Estrada and Rodante Marcoleta, who both have pending cases.
Sen. Loren Legarda has not been attending the proceedings, too, as she is in Europe with her son Batangas Rep. Leandro Leviste.
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The prosecution has consistently prepared its case on the assumption that 16 votes remain necessary.
“So, sa ngayon if you recall in day 1 of the impeachment trial the presiding officer has stated that the number for conviction is 16 and that remains the same until today as we just concluded the 21st day of this trial,” Barbers said.
metrosundaily
