De Lima to do oral arguments on impeachment voting issue – Diokno

MANILA, Philippines — House prosecutor Rep. Leila de Lima is expected to represent the prosecution panel during Wednesday’s oral arguments on how to interpret the two-thirds threshold required by the Constitution to convict an impeached official.

“I understand that it will be Congresswoman Leila de Lima,” House prosecutor Rep. Chel Diokno said in an interview over “Bantay Balita sa Kongreso,” a DZBB AM radio program anchored by Nimfa Ravelo and Isa Avendaño-Umali.

The prosecution will definitely take a position on the issue, but ultimately, the impeachment court will decide on the issue, Diokno stressed.

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The oral arguments are expected to clarify whether the conviction threshold should remain fixed at 16 votes out of the Senate’s full 24-member composition, or move depending on the number of senator-judges actively participating in the impeachment trial.

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READ: Here’s what amici curiae say about the impeachment voting threshold

This has been a dilemma for the court because two senators were detained on plunder charges, one was in hiding, and another was on medical leave, leaving only 20 senator-judges present during the trial.

But ahead of the prosecution’s oral arguments, Diokno said the views presented last Wednesday by retired Supreme Court justices invited as amici curiae, or friends of the court, appeared “more realistic” to the prosecution.

On Sept. 16, the court heard retired Chief Justices Hilario Davide Jr., Artemio Panganiban, and Reynato Puno, and former Associate Justice Adolfo Azcuna present their opinions on the matter.

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Three of the four took the view that the required number of votes to convict an impeachable official is not necessarily fixed, considering that the Constitution expressly stated a fraction, not 16, to refer to the senators qualified to vote.

Diokno said the prosecution was impressed by how the former chief justices laid out the constitutional and legal considerations surrounding the issue.

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“I was really impressed by the chief justices’ discussion, and you can see that they thoroughly studied this issue. I really think they have really pinpointed which laws and authorities to consider for this issue,” Diokno said in a mix of Filipino and English.

READ: Lacson: Senators may need more time to decide on threshold

He stressed, however, that the prosecution was not building its case around securing a particular numerical threshold, but on presenting evidence strong enough to persuade the court regardless of how the issue would be resolved.

“We are operating on the mindset to present as strong a case as possible,” he said.

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Diokno also said the prosecution would have no objection if senator-judges should decide to take more time before voting on the threshold following Wednesday’s arguments. /atm