Panganiban: Not up to SC to decide on impeachment voting threshold

MANILA, Philippines – Retired Chief Justice Artemio Panganiban told the Senate impeachment court on Wednesday that the Supreme Court (SC) could not decide on the impeachment voting threshold on Vice President Sara Duterte’s trial where three senator-judges have been absent from all proceedings thus far.

This comes after Senator-judge Erwin Tulfo asked the amici curiae on whether or not the conviction threshold must be decided by the high court or the senator-judges themselves.

“You are an independent, free court… The Constitution says the Senate shall be the sole judge, to try and decide impeachment cases… You, as elected officials of the people, are the ones who decide, not the Supreme Court,” Panganiban pressed.

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He continued: “You are called upon by our people to decide impeachment cases, then decide it from where you sit. You don’t become Supreme Court justices. Because if the Constitution wanted you to become Supreme Court justices then it must have required you to become lawyers.”

But Panganiban noted that should the Senate impeachment court commit grave abuse of discretion then the Supreme Court may step in.

“The Constitution says, you are elected by the people, you are trusted to deliver justice,” Panganiban also said.

In addition, Panganiban reminded the senator-judges are not limited by the same technicalities followed in the judicial department, because they are not justices.

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“You are the forefathers and mothers of our country. So you do your job in disciplining your people. And the people include the highest people of this country. So discipline them in the manner you do best. You are not constrained by the technicalities of procedures,” Panganiban stressed.

“Don’t say you are judges. You are not judges. You don’t need to be judges to provide justice in impeachment hearings… You are, what the Constitution said, you will be the ones to discipline the highest officials of the country,” he added.

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READ: Panganiban: Is it fair to let those who hide, enjoy abroad, join trial?

Likewise, Retired Chief Justice Renato Puno cited the form of the Constitution, particularly that the Senate impeachment court is not placed under the judicial branch of government.

“This Senate impeachment court is not under the Supreme Court… If the intention of the Constitution is to place this impeachment court under the Supreme Court, then this Senate impeachment court should be established under the Supreme Court or under Article 8 of the Constitution that defines all the powers of the Supreme Court,” Puno cited.

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“But it’s different. This Senate impeachment court was established not under Article 8, if not Article 11 of the Constitution… Its title is ‘Accountability.’ The intention of our Constitution is to give all the power over impeachment from making rules, from trial to decision to the Senate impeachment court,” Puno added. /das