Senator Erwin Tulfo is asking the impeachment court to clarify whether all 24 senators should remain part of the voting denominator in Vice President Sara Duterte’s impeachment trial, saying counting absent senator-judges could effectively make their non-participation equivalent to a vote against conviction.
Tulfo raised the matter ahead of next week’s proceedings, when retired Supreme Court justices are expected to provide their legal opinions on his challenge to the interpretation of the constitutional two-thirds requirement for an impeachment conviction.
“Kung included sila, then talagang okay lang, hindi na nila kailangang pumasok pa rito. Actually, ‘no’ vote na ho yun. Kasi wala namang abstention dito, ‘yes’ or ‘no’ lang,” Tulfo said in a chance interview.
Under the Senate’s impeachment rules, senator-judges must vote either “guilty” or “not guilty” on each article of impeachment. Conviction requires the votes of two-thirds of the entire Senate membership, while failure to reach the required number results in acquittal.
Tulfo said he initially supported using the full 24-member Senate as the basis for determining the two-thirds threshold. However, he said differing opinions from legal experts prompted him to reconsider how senators who are unable to participate should be counted.
“Ako, nung una… sabi ko two-thirds. I agree with two-thirds of all members. Pero upon hearing yung mga interviews ng mga legal luminaries… napaisip tuloy ako,” he said.
Four senator-judges have been unable to regularly take part in the proceedings. Senators Rodante Marcoleta and Jinggoy Estrada are detained, Senator Ronald “Bato” Dela Rosa is at large, while Senator Loren Legarda is on medical leave abroad.
Tulfo stressed that his appeal is not intended to reduce the number of votes needed to convict Duterte, but simply seeks clarification on whether senators who cannot participate should remain part of the computation.
“Bibilangin ba o hindi? Yun lang naman ang gusto kong malaman eh,” he said.
He also rejected claims that his challenge over the voting denominator means some senator-judges have already decided to convict Duterte.
“No, that’s rushing; that’s already making a judgment. Hindi naman. Unfair naman ho yun,” Tulfo said.
RETIRED JUSTICES TO GIVE LEGAL OPINIONS
The impeachment court has invited retired Chief Justices Artemio Panganiban and Reynato Puno, as well as retired Associate Justice Adolfo Azcuna, to appear as amici curiae, or “friends of the court,” during the September 16 proceedings.
Former Chief Justice Hilario Davide Jr. is expected to submit a legal memorandum instead of attending the hearing in person.
The retired magistrates will provide their views on Tulfo’s challenge to the so-called “hard 16” ruling issued by Senate President and impeachment court presiding officer Francis “Chiz” Escudero.
Tulfo said the senator-judges should hear the former Supreme Court officials’ arguments fairly before deciding on the matter.
“Para ano pa, dinala natin dito tapos di makikinig?” he said.
The prosecution and defense are scheduled to present their arguments on September 23, after which the impeachment court is expected to vote on Tulfo’s appeal.