PASAY CITY, Philippines — Senate President Win Gatchalian on Wednesday explained that the legal insights shared by amici curiae (friends of the court) played a critical role in shaping his stance on how the Senate impeachment tribunal should compute the required voting threshold to convict Vice President Sara Duterte.
The impeachment court invited retired Chief Justices Artemio Panganiban, Reynato Puno, and Hilario Davide Jr., as well as retired Supreme Court Associate Justice Adolfo Azcuna, on September 16 to present their legal positions on the constitutional threshold requirement.
While Panganiban, Puno, and Davide contended that the two-thirds conviction requirement is not fixed strictly at 16 votes, Azcuna maintained that a 16-vote minimum remains necessary based on the total 24-seat Senate body.
“The views of our amici curiae weighed significantly in my decision. Their presentations helped the court consider not only the text of the Constitution but also its purpose, and the need for a process that is fair to all parties,” Gatchalian said.
“Malaki ang naging ambag ng kanilang paliwanag sa aking pag-unawa sa usaping ito,” Gatchalian added.
The Senate leader emphasized that his decision was guided purely by principle, irrespective of the identity of the impeached public official.
Gatchalian was among the 13 senator-judges who voted to override the previous fixed baseline and adopt a dynamic formula that excludes senators who are legally or factually unable to participate when judgment is rendered.
Joining him in favor were Senate President Pro Tempore Vicente “Tito” Sotto III, Senate Majority Leader Juan Miguel “Migz” Zubiri, Senate Deputy Majority Leaders JV Ejercito and Joel Villanueva, along with Senators Risa Hontiveros, Bam Aquino, Lito Lapid, Francis “Kiko” Pangilinan, Erwin Tulfo, Raffy Tulfo, Panfilo “Ping” Lacson, and Mark Villar.
Senator Francis “Chiz” Escudero, who serves as the presiding officer of the impeachment court, stood by his original ruling and cast the sole negative vote.
Meanwhile, six minority block senator-judges declined to participate in the vote after previously questioning whether the tribunal should be addressing the threshold issue. They were Senate Minority Leader Alan Peter Cayetano, alongside Senators Pia Cayetano, Imee Marcos, Christopher “Bong” Go, Camille Villar, and Robin Padilla.
Gatchalian further reinforced that the Senate holds exclusive authority to try and decide all impeachment cases.
“Kasama sa kapangyarihang ito ang pagpapasya kung paano isasagawa ang paglilitis, kabilang ang kung paano ilalapat ang sarili nitong mga patakaran at pasya kapag may ilan sa mga miyembro nito na hindi makalahok,” he said.
“Today’s vote was an exercise of that responsibility,” he added.