MANILA, Philippines — The Senate impeachment court needs at least 11 votes, including the presiding officer’s vote, to overturn its earlier ruling that set the conviction threshold in Vice President Sara Duterte’s impeachment trial at 16 votes, court spokesperson Reginald Tongol said Saturday.
The court would need 11 votes if it continues to exclude four senators from participation and counts 20 senator-judges as eligible to vote, Tongol said.
The four senators are Ronald “Bato” dela Rosa, Jinggoy Estrada, Rodante Marcoleta and Loren Legarda.
Dela Rosa has remained in hiding since the International Criminal Court issued an arrest warrant against him. Estrada and Marcoleta face nonbailable plunder charges before the Sandiganbayan. Legarda has remained abroad on extended medical leave since Aug. 3.
Tongol said Senate President and impeachment court presiding officer Francis “Chiz” Escudero informed him that he intended to vote on the question, reversing Tongol’s earlier statement that Escudero would not participate in the vote.
“I was informed by our presiding officer and the clerk of court that, based on their assessment, the presiding officer would also be voting on the matter,” Tongol said in an interview with dwIZ.
Tongol said the Senate president normally does not vote during Senate proceedings, but Escudero decided to participate after discussing the issue.
“In the ordinary course of Senate proceedings, the Senate President typically does not vote; the other members are the ones who cast their votes. [But] the presiding officer discussed this at length … And he decided to take this direction by voting on the question (of threshold),” Tongol said.
The impeachment court on Thursday invited four retired Supreme Court justices to serve as amicus curiae, or “friends of the court,” and provide legal views on the constitutional provision requiring a two-thirds vote of “all senators” for an impeachment conviction.
Retired Chief Justices Artemio Panganiban and Reynato Puno, along with retired Associate Justice Rodolfo Azcuna, are expected to attend the Sept. 16 session. Retired Chief Justice Hilario Davide Jr. may attend through videoconference.
The court will hear oral arguments from the House prosecution team and Duterte’s defense lawyers on Sept. 23.
