Senate impeachment court did not commit grave abuse -- law expert

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The Senate impeachment court did not commit grave abuse of discretion when it ruled to base the voting threshold for Vice President Sara Duterte’s conviction on the number of senator-judges participating in the trial, constitutional law expert Domingo Cayosa said on Sunday.

In an interview with Super Radyo dzBB, Cayosa, a lawyer and former Integrated Bar of the Philippines (IBP) president who has also served as a law professor, said there would be no grave abuse of discretion if a ruling was made in accordance with the law and followed the proper process.

“[Kung] labag sa batas, wala na sa batas, wala na sa katotohanan at winalang-hiya mo ang proseso, ayun ang ibig sabihin ng grave abuse of discretion,” he said.

(If it is contrary to law, completely outside the law, devoid of truth, and you blatantly disregard the process, that is what grave abuse of discretion means.)

The Senate impeachment court on Wednesday voted to base the two-thirds vote needed to convict Duterte on the number of senators who are capable of “legally and factually participating in the impeachment proceedings.” (GMA Network)

The ruling effectively set aside the July 6 decision of presiding officer Senator-judge Francis “Chiz” Escudero, who had set the number of votes needed to convict at 16, or two-thirds of all 24 senators.

Thirteen senator-judges voted in favor of a motion by Senator-judge Erwin Tulfo seeking reconsideration of Escudero’s ruling after some senators became unavailable to participate in the impeachment trial.

Cayosa also said the Supreme Court has no authority to intervene in the impeachment court’s determination of the voting threshold.

“Ang pinakamahalaga, malinaw sa Konstitusyon na pagdating sa impeachment matters, the sole judge is the Senate impeachment court. So yung kapangyarihan ng Supreme Court na makialam, wala dapat pagdating sa impeachment,” Cayosa said.

(Most importantly, the Constitution is clear that when it comes to impeachment matters, the Senate impeachment court is the sole judge. So the Supreme Court should have no authority to intervene when it comes to impeachment.)

“The Senate, as an impeachment court, has the power to craft its own rules of procedure. Eh yung paano magboboto, sino ang mga mabibilang sa mga senator-judges, rules of procedure po ‘yan. So hindi talaga dapat nakikialam ang Supreme Court,” he added.

(The Senate, as an impeachment court, has the power to craft its own rules of procedure. How the voting is conducted and who are counted among the senator-judges are matters of procedural rules. So the Supreme Court really should not interfere.)

Senate Minority Leader Alan Peter Cayetano had earlier sought to have the voting-threshold issue discussed first before the Supreme Court. The impeachment court, however, rejected his request to defer its consideration of the matter. (GMA Network)

Following the impeachment court’s ruling, Duterte’s defense team said it was considering asking the Supreme Court to review the decision that supposedly lowered the voting threshold needed to convict her.

Separate petitions have since been filed before the Supreme Court challenging the impeachment court’s Sept. 23 ruling.— MCG, GMA News