The House prosecution panel continues to keep open the possibility of challenging the 16-vote requirement for conviction in Vice President Sara Duterte’s impeachment trial before the Supreme Court (SC).
Former Surigao del Norte 2nd District Representative Robert Ace Barbers, an adviser to the House prosecution team, said prosecutors could bring the issue before the high court if the application of the two-thirds voting requirement eventually results in an “injury” to their case.
The issue has gained attention amid the continued absences of several of the 24 senator-judges participating in the high-profile impeachment proceedings.
Under Article XI of the 1987 Constitution, conviction requires a two-thirds vote of all senator-judges. With 24 members of the Senate serving as judges, this currently corresponds to 16 votes.
Barbers said the prosecution could consider raising the constitutional question before the SC once an actual legal injury occurs.
“Kami naman siyempre at the appropriate time kapagka nagkaroon na ng tamang panahon na ito’y iangat sa [SC] and we feel that there is an injury that has been committed or has been done, then kami mismo sa prosecution probably will initiate, if and when we feel the issue has become justiciable and we will be the aggrieved party,” Barbers said.
However, he stressed that there would be no reason to seek the Supreme Court’s intervention if the matter does not result in an actual dispute.
“But kung hindi naman,I don’t think there is a reason to bring it up to the [SC],” noted the former lawmaker.
There have been previous discussions about whether the two-thirds threshold should instead be based on the number of senator-judges who are actually able to perform their duties, including their responsibilities in the impeachment trial.
Four senators have been unable to attend Senate proceedings in recent weeks. They are Ronald “Bato” dela Rosa, who is reportedly in hiding due to an arrest warrant issued by the International Criminal Court (ICC); Jinggoy Estrada and Rodante Marcoleta, who both have pending cases before the Sandiganbayan; and Loren Legarda, who is in Europe for medical treatment.
Despite the absences, Barbers said the prosecution cannot currently ask the Supreme Court to issue an advisory opinion because there is no actual controversy that would warrant judicial action.
“Kasi tama naman din yung sinabi ni [Bicol Saro Party-list] Cong. Terry [Ridon] na we cannot go up to the [SC] and ask for consultation, hindi, kasi ‘yun nga it is clear that if the issue becomes justiciable, meaning meron ng injury na nangyari, the aggrieved party can raise the issue before the [SC] so that they can decide,” Barbers said.
For now, the House prosecution panel has continued presenting its evidence under the understanding that 16 votes are needed to convict Duterte. A conviction would result in her removal from office and disqualification from holding an elective position in the future.
Barbers said the number has remained unchanged since the beginning of the proceedings.
“So, sa ngayon if you recall in day 1 of the impeachment trial the presiding officer has stated that the number for conviction is 16 and that remains the same until today as we just concluded the 21st day of this trial,” Barbers said.