SC clears way for Duterte impeachment trial to proceed under 14-vote threshold

National

THREE petitions challenging the Senate’s lower vote threshold to convict Vice President Sara Duterte were dismissed by the Supreme Court (SC) dismissed the cases, allowing the impeachment trial to proceed under the contested rule.

The petitions were filed separately by former executive secretary Vic Rodriguez, lawyer Ernesto Francisco Jr. and disbarred lawyer Berteni Causing. In a press briefer issued on Wednesday, Sept. 29, the SC said the cases were dismissed for “lack of standing and prematurity.”

The petitions questioned the Senate impeachment court’s decision to exclude certain absent members from the denominator used to determine the number of votes needed to convict an impeachable official.

The impeachment court welcomed the ruling, with spokesman Reginald Tongol saying it reinforced the Senate’s independence and protected its proceedings from premature judicial intervention and collateral litigation.

“By junking these challenges, the highest court has drawn a definitive firewall around the independence of the Senate as an impeachment court, confirming that its proceedings cannot be held hostage by premature judicial meddling or collateral litigation,” Tongol said in a Philstar report.

Senate President Sherwin Gatchalian said the SC's refusal to issue a temporary restraining order and status quo ante order validated the chamber’s action and indicated that the impeachment court was acting within its constitutional authority.

“It means that what the impeachment court is doing is within its bounds and within its constitutional allowance,” Gatchalian said in the same article.

The House prosecution panel also welcomed the decision, saying it would allow the trial to proceed without delay and keep the focus on the evidence before the impeachment court.

Under the impeachment court’s ruling last week, the two-thirds requirement would be based on the number of senator-judges actually present. The court said the constitutional requirement of “two-thirds of all members of the Senate” excluded senators who were detained and suspended, in hiding or on sick leave.

With 20 of the 24 senators currently participating, the threshold is 14 votes. Sens. Jinggoy Estrada and Rodante Marcoleta are detained over plunder and graft cases, while Sen. Ronald dela Rosa is the subject of an International Criminal Court arrest warrant. Sen. Loren Legarda has been overseas and on medical leave since August.

Meanwhile, the House prosecution panel may begin presenting subpoenaed bank records involving Duterte as the impeachment court shifts to full-day hearings on her alleged unexplained wealth. Prosecutors plan to compare her declared wealth and lawful income with transactions reflected in the records.

More than 1,800 bank, insurance and other financial documents have undergone marking and processing. The prosecution has also proposed stipulations with the defense to reduce the need for as many as 20 bank representatives to testify.

Malacañang, meanwhile, raised concerns over Davao City Mayor Sebastian Duterte’s claim that he was unaware he was transacting with a firm linked to his sister. Palace press officer Claire Castro said invoking the Arias v. Sandiganbayan doctrine in such circumstances could set a “dangerous” precedent for other local executives.

The doctrine allows government heads to rely to a reasonable extent on subordinates and officials handling transactions, but Castro said there should be circumstances warranting closer scrutiny of documents.

Tha mayor testified that he was unaware of Vice President Duterte’s connection to GenCorp Industries Inc., which received 19 contracts from the Davao City government. Castro said he should not be judged solely on his testimony, while noting that he indicated he would not have allowed the transactions had he known of his sister’s interest in GenCorp.(MyTVCebu)