Senate impeachment court claims impartiality in amici curiae selection

MANILA, Philippines — The Senate impeachment court has maintained that it was impartial in picking the four retired Supreme Court (SC) justices that would serve as legal advisers on the issue of whether the voting threshold needed to convict or acquit Vice President Sara Duterte should be changed.

In an online press conference on Friday, impeachment court spokesperson Reginald Tongol stressed that retired Chief Justices Artemio Panganiban, Reynato Puno and Hilario Davide, Jr., as well as retired Associate Justice Rodolfo Azcuna, were picked as amici curiae, or friends of the court, based on their credentials and known expertise on constitutional issues.

Puno served as chair of the Consultative Committee that reviewed the 1987 Constitution during the Duterte administration, while Davide and Azcuna were part of the 1986 Constitutional Commission that drafted the 1987 Constitution. 

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“That’s why they were chosen [because of their expertise], and also their known impartiality in their stance,” Tongol said. 

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READ: 4 retired SC justices giving views on `2/3′ conviction vote

These legal luminaries have also not yet publicly shared or discussed in media interviews or social media their respective positions on the issue, he added.

Both the defense and the prosecution were also consulted on the process and whether the parties have any questions by Presiding Officer Sen. Francis “Chiz” Escudero, said Tongol.

He, however, said that the impeachment court is considering adding more legal experts as it took into consideration public sentiments, including that only male legal experts, and no female justices, were invited.

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READ: Senate impeach court eyes Sept. 23 ruling on votes to convict Duterte

“That is an ongoing process. Maybe this weekend, if ever there are developments on that, maybe more would be added (as amici curiae),” said Tongol.

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The four retired justices are expected to provide their insights on Sept. 16 on the highly contentious voting issue as current rules require at least 16 votes from the 24 senator-judges to be able to secure a conviction of Duterte.

But four senators are unable to attend the trial: Ronald “Bato” dela Rosa, who is in hiding amid a standing arrest warrant from the International Criminal Court; Jinggoy Estrada and Rodante Marcoleta, who are detained on the nonbailable charge of plunder before the Sandiganbayan; and Loren Legarda, who is abroad on an extended medical leave.

The amici curiae for Duterte’s impeachment trial was appointed by Escudero, after Senator-judge Erwin Tulfo made an appeal last Tuesday to revisit the Presiding Officer’s initial ruling on the voting threshold.

Escudero maintained at the start of the impeachment trial that the court will maintain a 16-vote requirement to convict impeachable officials. However, Tulfo asked to revisit the ruling in lieu of three senators that have yet to attend a sinlge trial day due to legal battles.

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The following week, on September 23, the prosecution and defense panels will be given 15 minutes each to make their oral arguments on the same matter. After which, the Senator-judges will vote on whether or not the 16 vote requirement will be overturned. /mr