THE House prosecution’s consistent position is to abide by whatever final decision the Senate impeachment court makes on the voting threshold required to convict Vice President Sara Z. Duterte, House trial spokesperson and Lanao del Sur Rep. Zia Alonto Adiong said Sunday.
Alonto Adiong said that resolving the threshold issue is ultimately within the Senate impeachment court’s authority.
“So kung ano po yung desisyon ng Senado, kung paano po iresolba itong problema, itong issue ng threshold, eh kami po ay tatalima,” he said in an interview over Abante radio.
The Constitution requires a two-thirds vote for conviction in an impeachment case. At the start of Duterte’s trial, Senate impeachment court Presiding Officer Chiz Escudero ruled that 16 votes would still be required, based on the Senate’s full 24-member composition.
The issue has resurfaced as several senator-judges have been absent from much of the trial or are on leave, prompting some senators to question whether the threshold should instead be based on those who are actually able to participate.
Impeachment court spokesperson Reginald Tongol said over the weekend that 11 votes from senator-judges could overturn Escudero’s earlier ruling and allow the court to adopt a different interpretation of the threshold.
Alonto Adiong said the legal debate centers not on changing the constitutional two-thirds requirement itself, but on determining the membership base to which it should apply.
“Yung number of 16 is not actually fixed. Ang sinasabi po nila, what is fixed is the two-thirds,” he said, referring to one of the legal interpretations being raised in the debate.
He noted that some legal opinions argue the threshold could be based on senator-judges who are able to participate in the trial, particularly in circumstances where other members are beyond the Senate’s power to compel to attend.
Alonto Adiong stressed, however, that these remain legal interpretations for the impeachment court to consider.
“So I think this is a valid concern,” he said.
The Senate impeachment court is expected to hear guidance from invited amici curiae, or friends of the court, before resolving the issue.
Alonto Adiong said the prosecution has no objection to the legal experts invited to weigh in on the matter, and believes their expertise would help resolve the long-standing issue.
“Most definitely. Yes, of course,” he said. “Whatever is the decision of the court, sinasabi na nga po natin, we will comply.”
Retired Chief Justices Artemio V. Panganiban and Reynato S. Puno, as well as retired Supreme Court Associate Justice Adolf S. Azcuna, are expected to present their expert opinion on the threshold issue on September 16.
Retired Chief Justice Hilario G. Davide Jr., who served as the presiding officer of former President Joseph Estrada’s impeachment trial, will also provide a legal memorandum in lieu of his absence.
metrosundaily
