Sara Duterte impeachment: Ex-SC officials named amici curiae on voting threshold

The Senate impeachment court on Thursday released the names of the legal experts who will weigh in on the ruling on the 16-vote threshold to convict Vice President Sara Duterte in her impeachment trial.

In a statement, impeachment court spokesperson Regie Tongol said that as of 2 p.m., the participation of the following legal luminaries to physically appear before the court on September 16 to present their expert opinions has been “successfully secured:”

• Retired Supreme Court Chief (SC) Justice Artemio Panganiban
• Retired SC Chief Justice Reynato Puno
• Retired SC Associate Justice Adolf Azcuna

Likewise, Tongol said the court secured the participation of retired SC Chief Justice Hilario Davide via submission of a legal memorandum instead of physical appearance.

Davide was the presiding officer during the impeachment trial of former president Joseph Estrada.

According to Tongol, the impeachment court has commenced, through the Office of the Clerk of Court, the issuance and service of orders in compliance with the directives of Presiding Officer Francis Escudero regarding the appointment of amici curiae.

“The Impeachment Court is not leaving constitutional math to guesswork or chance,” the court spokesperson said.

“The Impeachment Court reserves its plenary prerogative to invite additional experts should the situation demand it - so this four-man roster constitutes the Court's list of amici curiae thus far,” he added.

Tongol also said that securing the legal luminaries’ participation “marks a critical procedural milestone, ensuring that this trial proceeds anchored on verified constitutional bedrock.”

Senator-judges will also be given the chance to first review the written advisories that the counsel may submit before September 16.

Tongol also gave an overview of what is expected during the trial next Wednesday.

“Floor time will be strictly controlled by the Presiding Officer. The live panel of amici curiae will present their advisories, Chief Justice Davide's memorandum will be formally entered into the record, and the microphones will open exclusively for the Senator-Judges to ask clarificatory questions,” he explained.

“Since an amicus curiae provides expert legal doctrine, not factual evidence, and the constitutional right to cross-examine applies only to fact witnesses, not scholars advising the bench, the legal panels will just sit and listen during the whole presentation,” he added.

Escudero earlier announced that oral arguments between the defense and prosecution will be conducted on September 23, or a week after the amici curiae give advice to the court, in relation to the voting threshold.

During the oral arguments, each side will be given 15 minutes to present its position.

“After a final round of questions from the Senator-Judges, the Court will divide the house. The Senator-Judges will vote on the record-with time allotted to explain their votes—to definitively settle the appeal,” Tongol said.

“The Impeachment Court will not rush the resolution of this constitutional threshold. Doctrinal accuracy and constitutional exactitude take precedence over speed,” he added.

When the impeachment trial began on July 6, Escudero ruled that 16 affirmative votes of senator-judges are required to convict Duterte in her trial.

Citing the 1987 Constitution, Escudero said that no person shall be convicted in an impeachment trial without the concurrence of two-thirds of all the members of the Senate.

And with the Senate composed of 24 members, Escudero said a literal interpretation of the constitutional provision means conviction requires at least 16 affirmative votes.—AOL, GMA News