Manila: Senator-judge Panfilo 'Ping' Lacson on Thursday said the insights shared by four former Supreme Court (SC) justices will help guide the Senate in deciding the conviction vote threshold for Vice President Sara Duterte's impeachment trial. Lacson noted that perspectives from retired Chief Justices Reynato Puno, Artemio Panganiban and Hilario Davide Jr., alongside retired Associate Justice Adolfo Azcuna, provided key legal frameworks on textual versus contextual constitutional interpretation.
According to Philippines News Agency, Lacson expressed that engaging in open court with the former justices was a significant experience. He highlighted how concepts like 'textual vs. contextual,' 'truth and fairness,' and 'all means all' had a profound impact on him. These insights will inform his decision in the upcoming Senate vote.
Senators are scheduled to vote next week on whether to sustain or modify Senate impeachment court presiding officer Senator-judge Francis Escudero's ruling. This ruling requires 16 votes, or two-thirds of the 24-member chamber, for conviction, following an appeal by Sen. Erwin Tulfo.
During Wednesday's proceedings, the former magistrates offered differing views. Puno supported a contextual interpretation, suggesting flexibility in the 16-vote requirement if legal circumstances hinder senatorial functions. Meanwhile, Panganiban emphasized "truth and fairness," questioning the inclusion of non-participating senators in the voting base. Davide argued that the two-thirds threshold should be based on senators "who are qualified to vote," while Azcuna maintained that the Constitution mandates two-thirds of the full membership.
House prosecutors have urged the court to lower the required votes, as nine senators are unable to participate, leaving only 15 active. Manila Rep. Joel Chua cited People v. Maceda, arguing that detained or suspended officials should not exercise their office roles, supporting the call to lower the vote threshold.
Currently, Senators Jinggoy Estrada and Rodante Marcoleta are detained due to plunder charges. Sen. Ronald 'Bato' Dela Rosa is in hiding following an arrest order from the International Criminal Court related to the Duterte administration's drug war, while Sen. Loren Legarda is abroad on extended medical leave.
Trial spokesperson Zia Alonto Adiong stated that the Senate holds exclusive, unreviewable authority over the proceedings. He emphasized that the Senate's decision is final and not subject to appeal or review by the Supreme Court. Consulting with former justices underscores the Senate's careful approach to the matter.
