Batangas Rep. Gerville “Jinky Bitrics” Luistro
THE House prosecution on Wednesday thanked the four retired Supreme Court justices who served as amici curiae in Vice President Sara Z. Duterte’s impeachment trial, with lead prosecutor Batangas Rep. Gerville “Jinky Bitrics” Luistro describing the proceedings as a “humbling” experience and a milestone in Philippine history.
“As a matter of fact, Your Honor, it is indeed a humbling and honoring experience to be inside the halls of the Senate and witnessing this milestone, form part of the Philippine history,” Luistro told the Senate impeachment court.
Luistro said the prosecution deliberately chose not to question the amici curiae, or friends of the court, and instead placed on record its gratitude for their participation.
“We just want to put on record, Your Honor, that while the amici curiae have been excused already, the prosecution purposely did not raise any question because instead we would like to manifest our deepest gratitude to the amici curiae,” Luistro said.
The lead prosecutor thanked retired Chief Justices Hilario Davide Jr., Artemio Panganiban and Reynato Puno and retired Associate Justice Adolfo Azcuna “for responding generously to the invitation of the honorable impeachment court to share their knowledge, expertise, and wisdom.”
“Indeed, Your Honor, this will help us through as we continue to discharge our duty under the Constitution,” she said.
The four amici curiae presented differing interpretations of three questions that could affect the final vote in Duterte’s impeachment trial, particularly which senators should be counted in computing the constitutionally required two-thirds vote for conviction.
Davide, Panganiban and Puno took different legal approaches but viewed the 16 votes earlier set for conviction as not necessarily fixed. Azcuna maintained that all sitting senators should be counted in determining the two-thirds requirement.
The retired justices also tackled whether the 1949 Supreme Court ruling in Avelino v. Cuenco could provide guidance in determining which senators should be counted and whether senator-judges who missed or did not substantially participate in the trial may still cast a final vote.
On participation, Panganiban stressed active participation and independent evaluation of the evidence. Puno and Azcuna said the trial record could enable senator-judges who missed proceedings to evaluate the evidence and vote.
Davide said a senator-judge who never attended or performed any duties in the trial should be considered a non-participant, although merely failing to ask witnesses questions does not amount to non-participation.
Davide was unable to attend Wednesday’s proceedings and instead submitted a memorandum that was read into the record. Panganiban, Puno and Azcuna personally appeared and answered questions from senator-judges.
“Maraming, maraming salamat po sa ating mga amici curiae,” Luistro said.
Duterte’s defense joined the House prosecution in expressing gratitude to the retired justices.
The House prosecution and Duterte’s defense are scheduled to present their respective arguments on the disputed conviction threshold on Sept. 23
metrosundaily
