No Escudero push to convict Sara Duterte — court spox

Impeachment court spokesperson Atty. Regie Tongol on Wednesday denied claims that presiding officer Sen. Francis “Chiz” Escudero was allegedly influencing some senator-judges to vote for the conviction of Vice President Sara Duterte in her impeachment trial.

In a virtual interview with Senate reporters, Tongol described the allegation as “preposterous,” saying the impeachment court presiding officer had other things to focus on rather than engaging in such political tactics.

"That is totally untrue. I asked the presiding officer about it, and he just laughed it off. He said, ‘Really, you’re asking me that?’ So it is completely untrue that he is making such moves.” Tongol said.

“He is busy and his time is taken up by reading and studying the case, both the witness testimony, the number of documents, and the resolutions he has to issue,” he added.

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

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

With the Senate composed of 24 members, Escudero said a literal interpretation of the constitutional provision means a conviction requires at least 16 affirmative votes.

If there were plans to woo senator-judges, it would be too early to do so considering that the trial still has a long way to go, Tongol said.

“So, those kinds of insinuations by the parties are somewhat preposterous,” he said.

"It was so preposterous for me to even raise it with him. I think that’s what he was thinking as well—that such an issue is logically and practically not feasible at this point, and that a sensible politician would not do it this early in the trial,” Tongol added.

The impeachment court spokesperson also expressed belief that Escudero would not engage in such efforts even at the end of the trial.

Regardless, he maintained that the 16-vote threshold for convicting the Vice President is already “set in stone” unless the matter is raised before the Supreme Court.

“"That will not be revisited unless someone goes to the Supreme Court and alleges grave abuse of discretion resulting in a lack or excess of jurisdiction," he said.

"So as of the moment, that has not happened. So that is already set in stone for the meantime, unless it is overturned by the Supreme Court,” Tongol added.

He also emphasized that it would be a “dangerous proposal” for a party to raise the matter because it would entail the impeachment court changing the rules of the game in the middle of the trial.

"Under our due process clauses, that is not allowed. It’s not as if we’re just playing a game here where, for the convenience of the parties, you change the rules in the middle of the trial," he said.

"The impeachment court is not acting for the convenience of either the prosecution or the defense. It is acting to uphold the due process requirements under the law," Tongol added.

He made the clarification after prosecution panel spokesperson Benjamin Tolosa Jr. said it may be “reasonable” to think that the Senate impeachment court could revisit its ruling on the voting threshold considering the absences of some senator-judges.

On Monday, the 16th day of Duterte’s impeachment trial, only 13 of the 24 senator-judges answered the roll call, with some senators arriving late reportedly due to inclement weather.

Delayed trial

Tongol likewise said the impeachment trial is already slightly delayed due to work suspensions caused by inclement weather, as well as the pace of the proceedings.

“"We are somewhat delayed at this point. However, don't worry about it because the impeachment court is used to this—especially us lawyers; we are used to dates being pushed back,” he said.

With this, he said the number of days allotted to the prosecution would simply be extended, eating into some of the days allotted to the defense. The number of days for the defense’s presentation of evidence would then be adjusted as necessary.

Tongol said the possibility of holding trial sessions on Thursday, Friday or Saturday “is always under consideration and advisement.” — MCG, GMA News