Prosecution: Senate vote on Sara Duterte impeach threshold 'gives clarity'

House lead prosecutor Gerville Luistro of Batangas on Thursday said that the Senate ruling for the threshold needed to convict Vice President Sara Duterte before the Senate impeachment court provided clarity but did not guarantee victory.

Luistro was referring to the Senate impeachment court's decision which pegs the threshold for conviction at two-thirds of all members of the Senate who are "legally and factually participating" in the proceedings.

“Sa wakas, nagkaroon na ng kaliwanagan itong matagal ng discussion ng sambayanang Pilipino concerning the threshold vote. Ang kapangyarihan ng Senado o ng Impeachment Court na bigyan ng kaliwanagan ang threshold vote ay ayon din sa kanilang exclusive power to try and decide all impeachment cases,” Luistro said in a press conference.

(The action of the Honorable Impeachment Court yesterday was in line also with the constitutional mandate that they have the exclusive power to try and decide all cases of impeachment.)

READ: Chiz Escudero explains how to compute for two-thirds vote in Sara Duterte impeachment trial

She was referring to Article 11 Section 6 of the Constitution, which states that “the Senate shall have the sole power to try and decide all cases of impeachment.”

“I think this is very significant as we continue the impeachment trial. Kasi mas mahirap din po na hanggang sa oras na ito ay wala pang kaliwanagan,” Luistro said.

(It will be more difficult if the issue remains unresolved at this point.)

Article 11, Section 6 of the Constitution also reads, “No person shall be convicted without the concurrence of two-thirds of all the Members of the Senate," although it does not state a specific number.

'Two-thirds is two-thirds'

Further, Luistro said that the impeachment court’s decision to exclude absent Senators remains in line with the abovementioned Constitutional provision

“I wish to make it clear that the two-thirds [threshold] to convict] does not change. And akin to the prosecution’s position, two-thirds is two-thirds. What the impeachment court made clear is the phrase all members of the Senate, whether the same pertains to all 24 or whether pertains to all who are legally and factually qualified only,” Luistro added.

It was Senator judge Erwin Tulfo who made the motion to change the threshold, given that four Senator judges have been absent from impeachment trial proceedings due to varying reasons.

Senators Jinggoy Estrada and Rodante Marcoleta are detained on plunder and other related charges due to their alleged involvement in flood control (P573 million) and undeclared campaign donations (P75 million), respectively.

Senator Ronald "Bato" dela Rosa, on the other hand, is in hiding amid a standing warrant of arrest issued against him by the International Criminal Court due to his alleged involvement in the drug war deaths during the Rodrigo Duterte administration.

Senator Loren Legarda, for her part, is on an extended medical leave abroad due to a lung ailment.

LIST: How senator-judges voted on threshold to convict Sara Duterte

Denominator

Luistro explained that while this allowed the reduction of votes needed for conviction, it also allowed the lowering of votes needed to acquit.

“By giving clarity to the denominator, what is lowered is not only the number for conviction but also the number for acquittal. That is a two-way consequence. If 20 is the denominator, conviction requires 14. But remember, acquittal needs only seven [votes with 20 as denominator],” Luistro said.

“So unlike when we have all the senators actively participating in the trial giving us a denominator of 24, the conviction would need 16 while the acquittal needs nine votes. With changes in threshold, and acquittal would only need seven votes. Mali pong sabihin na conviction vote lang ang bumaba sa pagkat kasabay pung bumaba ang acquital vote,” Luistro added.

(So it would be wrong to say that only the votes needed for conviction were lowered.)

In addition, Luistro said that the vote on threshold is no guarantee that the same result will be reflected in the final verdict.

“Their (Senator judges) position on the threshold vote does not necessarily show there would be position on the verdict of this impeachment trial. I believe the position of the Senator judges depends on the question confronting them,” she said.

“I have so much respect for all the members of the impeachment court and I know they are painstakingly evaluating the evidence to come up with their fair and impartial judgment come the time they cast their vote. Besides, this is far from over. We are not even done with [presentation of evidence for unexplained wealth. There’s still bribery, and the turn of the defense to present their evidence,” Luistro added.

Prosecutor Terry Ridon, for his part, said the burden of proof will always be on the prosecution, regardless of the threshold vote needed to convict.

“The burden continues for the prosecution to deliver on the evidence and we are committed to do that, regardless of the threshold,” Ridon said.

“The trial goes on, and we are very much confident with the strength of evidence that we are presenting in this impeachment trial. Whether it is 16, whether it is 14, regardless of the vote, the obligation of the prosecution remains the same,” Luistro said. —VAL, GMA News