Voting threshold in impeachment trial too early to be tackled —UP prof

It is too early for the Senate impeachment court to be discussing the 16-vote threshold set to convict Vice President Sara Duterte, said Paolo Tamase, University of the Philippines-College of Law associate dean.

In a Super Radyo dzBB interview on Wednesday, Tamase said it must first be clear how many senators will actually be able to vote before the Senate can make a decision regarding the voting threshold.

"Hindi pa ho hinog pa rin in that sense dahil inaantay natin na lumapit na doon sa pagboboto mismo," Tamase said.

(It’s still too early to make that assessment because we’re waiting until we get closer to the actual voting.)

"Kasi malayo pa, maaga pa ang stage 'yung usapin ng pagbaba ng threshold or pagtaas ng threshold. Minsan kailangan na mas malinaw 'yung circumstances, 'yung situasyon kung ilan talaga makakaboto bago makarating sa intelihenteng desisyon 'yung Senado ukol dito," he added.

(Because we are still far from that point. It is too early to discuss lowering or raising the threshold. Sometimes, we need a clearer picture of the circumstances, particularly how many senators will actually be able to vote, before the Senate can make an informed decision on the matter.)

However, Tamase clarified that discussing the voting threshold is a good way to gauge the sentiments of the senator-judges and strengthen the principle that the impeachment is under their jurisdiction.

"Bagamat hindi normal course 'yun sa impeachment, maganda na rin magkaroon ng debate or oral argument 'di dahil kinakailangan ng Senado para magdesisyon but I think nag-e-evolve 'yung proseso natin," Tamase said.

(Although this is not the usual course of an impeachment proceeding, it is still good to have a debate or oral arguments, not necessarily because the Senate needs them to make a decision, but because I think our process is evolving.)

"Na una, makita talaga natin 'yung sentiments ng Senado ukol dito at pinatitibay 'yung principle na 'yun dapat nagkokontrol dito sa proseso na ito at hindi ang Korte Suprema," he added.

(First, it allows us to see the sentiments of the Senate on the matter and reinforces the principle that they're controlling the process and not the Supreme Court.)

'The earlier the better'

Meanwhile, for UP College of Law Assistant Professor Michael Tiu Jr., it is better to tackle the voting threshold as early as possible since it may affect the impeachment trial.

"I think, dahil marami nang lumipas sa trial na ito, marami nang naganap, I think, the earlier the better," Tiu said in a separate Super Radyo dzBB interview on Wednesday.

(I think, since a lot of time has already passed in this trial and a lot has happened, I think, the earlier the better.)

"They should have been asked earlier itong question on the voting threshold. But since it's happening now, under the best circumstances, ito na 'yung pagkakataon bago pa sila magpatuloy at masagot na ito bago pa sila dumating sa pagkakaton na nangyari na 'yung buong trial tapos hindi pa pala nasasagot 'yung tanong na ito," he added.

(They should have been asked about the voting threshold earlier. But since it is happening now, under the circumstances, this is the best opportunity to resolve the issue before they proceed further and reach a point where the entire trial has already concluded, only to find out that this question has not yet been answered.)

On Tuesday, Senate impeachment court presiding officer Francis “Chiz” Escudero said oral arguments between the defense and prosecution will be held on September 23 to discuss the 16-vote threshold required to convict the Vice President.

This came after Senator-Jude Erwin Tulfo sought clarification on the voting threshold, given that four senator judges are not attending the trial.

Currently, Senators Jinggoy Estrada and Rodante Marcoleta are detained over separate plunder charges, Senator Ronald “Bato” dela Rosa is in hiding amid an arrest warrant from the International Criminal Court, and Senator Loren Legarda has been on medical leave since August 3, and is currently abroad. —KG, GMA News