Chiz Escudero welcomes possible SC challenge to 16-vote conviction threshold

Senate impeachment court presiding officer Francis "Chiz" Escudero on Sunday said he would welcome a petition challenging his ruling that at least 16 affirmative votes from senator-judges are needed to convict Vice President Sara Duterte in her impeachment trial.

Escudero issued the ruling on the opening day of Duterte's impeachment trial on July 6.

"Ito ang umiiral pong desisyon ng Korte Suprema, sang-ayon man po tayo o hindi," Escudero said in a podcast on his YouTube channel.

(Whether we agree with it or not, this is the prevailing decision of the Supreme Court.)

"Kaya nga sinabi ko, kung sinuman ang hindi sang-ayon sa posisyong ito, hindi lamang ng presiding officer kundi pati na rin ng impeachment court—dahil wala namang umapela o naghanap ng rekonsiderasyon sa aking pasya at sinabi, may pagkakataon silang iakyat ito sa Korte Suprema dahil justiciable controversy na ito," he added.

(That is why I said anyone who disagrees with this position—not only that of the presiding officer but also of the impeachment court—may elevate the matter to the Supreme Court because it is now a justiciable controversy. No one has appealed or sought reconsideration of my ruling.)

Although not all senator-judges agreed with the 16-vote threshold, Escudero said he had spoken with several colleagues who shared his interpretation.

The issue arose after Escudero ruled on the opening day of the impeachment trial that at least 16 affirmative votes from the Senate's 24 members are required to convict Duterte, citing the requirement under the 1987 Constitution.

The question came to the fore because the Senate is currently operating with fewer active members following the detention of Senators Jinggoy Estrada and Rodante Marcoleta, who are facing non-bailable charges, and the disappearance of Senator Ronald "Bato" dela Rosa, who is also facing arrest by the International Criminal Court.

Escudero maintained that his ruling was anchored on the Supreme Court's decision in Bayan v. Zamora, which held that voting thresholds should be based on the Senate's full membership of 24, even if one seat is vacant.

"'Yung kaso sa Bayan v. Zamora, klaro't maliwanag na 23 lamang ang senador dahil si dating senator Gloria Macapagal-Arroyo ay nahalal bilang Vice President noong 1998, so klarong 23 lang [ang senador]," Escudero said.

(In the Bayan v. Zamora case, it was clear that there were only 23 sitting senators because then-Senator Gloria Macapagal-Arroyo had been elected vice president in 1998. So there were clearly only 23 senators.)

"Pero ang sinabi ng Korte Suprema, sa pagratipika lang ng isang tratado ang bilang na dapat pa ring sundin ay 24, hindi magiging 23," he added.

(However, the Supreme Court ruled that even in ratifying a treaty, the required number should still be based on 24 senators, not 23.)

Also on Sunday, fellow senator-judge Panfilo "Ping" Lacson said he hopes the issue of the voting threshold would be resolved early by the Supreme Court to avoid complications later in the impeachment proceedings.

"Mas mainam kung mayroong mag-petisyon sa Korte Suprema, ma-resolve na this early. Kasi napaka-awkward kung sakaling nag-ruling na kami... Para habang hindi pa kami nakakapagdesisyon ng conviction or acquittal based on the number, malinaw na sa amin kung ano ang threshold," Lacson said in an interview with Super Radyo dzBB.

(It would be better if someone files a petition before the Supreme Court so the issue can be resolved early. It would be very awkward if we had already made a ruling. Before we decide on a conviction or acquittal, the voting threshold should already be clear to us.)

Former Supreme Court Justice Adolfo Azcuna, however, said he sees no immediate need to elevate the issue to the high court, noting that the Senate impeachment court has yet to reach the stage where senator-judges will vote on whether to convict or acquit Duterte.— MCG, GMA News