Supreme Court junks petitions vs conviction threshold in Duterte impeachment trial

MANILA (3rd UPDATE) — The Supreme Court on Wednesday dismissed petitions seeking clarification on the lower threshold of votes needed to find Vice President Sara Duterte guilty in her impeachment trial. 

The court said it did that “on procedural grounds, including lack of standing and prematurity.”

The court has yet to upload a copy of its full decision.  

The petitions for certiorari were filed last week by lawyers Vic Rodriguez and Ernesto Francisco as well as Berteni Causing.

Senators had voted 13-1, with six abstaining, that the constitutionally required two-thirds guilty verdict by “all members of the Senate” refers only to those “capable of participating”.

At least four senators are now absent from the impeachment proceedings.

The decision of the Supreme Court means the impeachment proceedings can continue, Senate President Sherwin Gatchalian said.

“In fact, starting tomorrow, eleven days straight na kami, from 10 o’clock all the way hanggang matapos. Goes to show na nirerespecto ng Supreme Court yung decision (Senate) impeachment court,” he said. 

Senator-judge Joel Villanueva likewise said he saw no legal impediment to the continuation of the proceedings following the Supreme Court’s decision.

“I don’t see any legal impediment with regard to the decision of the Supreme Court. It is what it is, I take it as it is,” Villanueva added. 

Senate Impeachment Court Spokesperson Reginald Tongol also welcomed the decision, as it “effectively confirms [that] the interpretations and proceedings of the Senate Impeachment Court are constitutionally bulletproof.”

“By junking these challenges, the Highest Court has drawn a definitive firewall around the independence of the Senate as an Impeachment Court, confirming that its proceedings cannot be held hostage by premature judicial meddling or collateral litigation.” Tongol said in a statement.

Duterte’s spokesperson Paolo Panelo earlier said the impeachment court’s ruling was an attempt at “changing the constitution”.

“Their aim is to manufacture a conviction. They cannot get 16, so they want to lower (it) to convict VP Sara,” he said.

Bicol Saro Party-List Rep. Terry Ridon, a member of the House prosecution panel, welcomed the dismissal of the petition, which he called a “waste of paper.”

He said prosecutors believe deciding on the voting threshold is within the power of the Senate impeachment court.

“At tingin ko dapat po talaga na pabayaang matapos ‘yung kabuan po ng proseso hanggang pinakadulo whether to convict or to acquit the vice president,” he also said.

(I am of the view that the proceedings should reach a resolution, whether to convict or acquit the vice president.)

In a separate statement, Mamamayang Liberal Party-List Rep. Leila de Lima, also a prosecutor, welcomed the development.

“Tuloy ang pagtutok ng Prosecution, hindi sa numero na pagbabasehan ng boto, kundi sa paglalatag ng matitibay na ebidensya para mangibabaw ang katotohanan.”

(The prosecution will continue its focus — not on the number that the voting will be based on, but on strong evidence so the truth will prevail.) 

The impeachment court had taken a “pause” on Wednesday, which Gatchalian said was intended to give both the prosecution and defense ample time to prepare for the 11-day “marathon” of trial proceedings.

The impeachment trial is scheduled to run for whole-day sessions from October 1 to October 15.

The House of Representatives impeached Duterte on May 11 on allegations of graft, corruption, bribery and an alleged assassination plot against one-time ally President Ferdinand Marcos.

Should the Senate find her guilty, she will be stripped of the vice presidency and permanently barred from elected office.

Sens. Jinggoy Estrada and Rodante Marcoleta are currently detained on plunder charges, while Sen. Ronald Dela Rosa is hiding while sought on an International Criminal Court warrant.

Sen. Loren Legarda is seeking medical treatment overseas.