By Dean Aubrey Caratiquet
On the 26th day of the impeachment hearing on Wednesday, retired Associate Justice Adolf Azcuna and former Chief Justices Artemio Panganiban and Reynato Puno appeared before the court as amici curiae.
The “friends of the court” presented their legal opinions on factors that would be used to determine the vote threshold on the trial of Vice President Sara Duterte.
Despite not being physically present due to an ongoing recovery from a medical procedure, former Chief Justice Hilario Davide submitted a written memorandum which explains how the number of senators qualified to vote will be determined by the Court.
Read by Senate Secretary General Atty. Renato Bantug Jr. before the senator-judges, figures that may be excluded from the total count of those eligible to vote include:
- Those who have resigned or have been expelled
- Those who suffer from any mental infirmity, such as, for instance, those in any state of insanity or who are suffering from Alzheimer’s
- Those who are suffering from any physical incapacity, such as the deaf and the dumb, the blind, or those in hospitals or at home suffering from terminal cancer or are in comatose condition, or under tracheotomy
- Those who cannot participate in the hearings and deliberations on the impeachment, such as those who are outside the jurisdiction of the Philippines, or whose whereabouts are unknown or in hiding to avoid arrests
- Those who by reason of some legal impediments or restraints, cannot exercise or perform their rights and privileges as a public official or, more specifically, as a senator
In support of these key points presented by his colleague, former Chief Justice Artemio Panganiban underscored the importance of active participation of senator-judges in the quest to find truth and justice.
Meanwhile, former Chief Justice Reynato Puno said that using a fraction instead of a fixed numerical value in Article 11, Section 36 gives senator-judges leeway to adopt the voting threshold according to present circumstances.
“By using ⅔, the number of votes to convict will have to move depending on certain factors. But more than that, your honors, a strict standalone literal interpretation of Article 11, Section 36 may result in absurdities and may result in injustices which will defeat the purpose of the Constitution.”
Retired Associate Justice Adolf Azcuna wrapped up the discussion of the amici curiae by emphasizing that regardless of any scenario which may result in fewer than 24 senator-judges being present during the voting process, the ⅔ rule shall prevail.
In connection with this, the defense is set to undergo oral arguments on September 23. Witnesses to be subpoenaed for next week’s trial period include Davao City Mayor Sebastian Duterte and Securities and Exchange Commission (SEC) Company Registration and Monitoring Department Director Atty. Gerardo del Rosario. (with report from Vel Custodio | PTV News)
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