MANILA, Philippines — The Senate impeachment court may need at least 11 votes, including that of the presiding officer, to overturn its earlier ruling that set the conviction threshold at 16 votes in the impeachment trial of Vice President Sara Duterte.
The threshold could apply if four senators remain absent and 20 senator-judges continue to participate in the proceedings, court spokesperson Reginald Tongol said Saturday.
Tongol said Senate President Francis “Chiz” Escudero, who presides over the impeachment court, now intends to vote on the issue, reversing Tongol’s earlier statement that Escudero would not cast a 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 does not typically vote during ordinary Senate proceedings, but Escudero decided to cast his vote after discussing the issue.
The four absent senators are Ronald “Bato” dela Rosa, who has been in hiding since the International Criminal Court issued an arrest warrant against him; Jinggoy Estrada and Rodante Marcoleta, who face nonbailable plunder charges before the Sandiganbayan; and Loren Legarda, who has been on extended medical leave abroad since Aug. 3.
The impeachment court on Thursday asked four retired Supreme Court justices to serve as amici curiae, or “friends of the court,” and provide their views on the constitutional provision requiring the vote of at least two-thirds 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 participate through videoconference.
The court will hear oral arguments from the House prosecution team and Duterte’s defense lawyers on Sept. 23.