Barbers: Expert views on VP Duterte voting needed before taking issue to SC

MANILA, Philippines — The decision of the Senate impeachment court to seek independent constitutional guidance on the voting threshold in Vice President Sara Z. Duterte’s trial is necessary, as there’s no controversy about the issue to warrant taking it before the Supreme Court.

Former Rep. Robert Ace Barbers, House prosecution adviser and spokesperson, shared that view on Wednesday in an interview on One News’ “Morning Matters.”

“For me, personally, I believe that is necessary so that everything becomes clear — because, as we speak, no, there’s no controversy yet that could be the basis to raise this issue before the Supreme Court,” Barbers said.

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READ: Duterte trial: Retired SC justices to guide court on vote threshold

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The impeachment court is set to hear amici curiae, or friends of the court, on Sept. 16 as senator-judges take up the issue of whether conviction should require 16 votes despite several members being unable to participate fully in the proceedings.

As Presiding Officer Francis “Chiz” Escudero has announced, the court will seek independent legal views before the prosecution and defense present their respective arguments, with retired SC justices and constitutional law experts among those being considered.

According to a prosecution statement, “The dispute centers not on the constitutional requirement of a two-thirds vote itself, but on how ‘two-thirds of all the Members of the Senate’ should be applied when some senators have not participated in substantial portions of the impeachment trial.”

“So an amicus curiae can provide data, information, and ideas and opinions based on how they crafted this Constitution in 1987. So that will be a big help for the court. That’s a big help for both sides,” Barbers stressed.

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It was Sen. Erwin Tulfo who revived the issue, questioning whether senators who had not heard testimony or examined the evidence should still be counted in determining the number of votes required to convict or acquit Duterte.

Earlier, Barbers supported reconsidering the present 16-vote interpretation. But he stressed that the prosecution did not intend to let the numerical debate dictate the way it would build its case before the senator-judges.

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READ: Duterte trial: Retired SC justices to guide court on vote threshold

“But whether it’s high — whether the number is 16 or lower than 16 — that is the least of our concern as we speak. Because our concern really is to focus on the presentation of the witnesses as well as our evidence that we have,” Barbers said.

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Meanwhile, the House prosecution is preparing to move to the second impeachment article, accusing Duterte of amassing unexplained wealth. /atm