Retired magistrates will headline the Senate impeachment court’s September 16 hearing on the disputed conviction threshold, as spokesperson Regie Tongol confirmed Friday that presiding officer Francis Escudero intends to sit out the eventual vote entirely.
The reason, Tongol said, traces back to Escudero’s July 6 ruling on the trial’s opening day, when the senator declared that a guilty verdict against Vice President Sara Duterte requires the backing of two-thirds of the full 24-member Senate—16 affirmative votes. Because that very ruling is the thing now being challenged, Escudero cannot take part in deciding its fate. “‘Yung kanyang ruling po, ‘yun na po ‘yung kanyang parang boto. At dahil ‘yung kanyang ruling ‘yung inaapela para i-kunsidera, of course, hindi niya na pwedeng i-withdraw ‘yun,” the spokesperson said during a Zoom briefing with Senate reporters. He added: “Nakataga na ‘yun sa bato, ‘yung sa kanya. Kaya hindi na kinakailangan ‘yung kanyang boto on the floor.”
The arithmetic of attendance now looms large. Should 20 senator-judges show up on September 23, Escudero among them, Tongol expects only 19 to actually cast ballots. In that scenario, the bar for reversing his ruling drops sharply—a plain majority of 10 would suffice. “Majority of the quorum present po ang makakaboto po eh. Parang ordinary action lamang po ito ng Senado,” he said.
Several absences have thinned the court’s ranks. Senators Jinggoy Estrada and Rodante Marcoleta are detained on separate plunder charges. Senator Ronald “Bato” dela Rosa has gone into hiding as an International Criminal Court warrant hangs over him. Senator Loren Legarda, away on extended medical leave abroad, has skipped the proceedings for weeks. Even so, Tongol cautioned that turnout could exceed the projected 20 when the day arrives.
The clarification traces back to September 8, when Senator-Judge Erwin Tulfo raised the question on the floor, asking how the 16-vote requirement holds up given that four members are missing from the trial. Escudero’s response was to open the matter to outside legal minds.
On the tie question, Tongol was direct: deadlocked votes mean the motion to change the threshold has “failed.” As he put it, “So the ruling of the presiding officer will stand. Kasi po ang motion po is to appeal the ruling. So, kapag matalo po ‘yung boto on the floor, the ruling will stand. It is as if it is not changed and appealed.”
Four constitutional heavyweights will lend their expertise. The court reported as of Thursday afternoon that it had “successfully secured” the physical appearances of retired Supreme Court Chief Justices Artemio Panganiban and Reynato Puno, along with retired Associate Justice Adolf Azcuna, all set to appear September 16. Retired Chief Justice Hilario Davide will contribute as well, though through a written legal memorandum rather than in person. Tongol said the presiding officer weighed the experts’ credentials, their recognized command of the subject, their history with the framing of the Constitution, and their reputation for impartiality in making the selections.
A tight schedule follows the amici curiae hearing. The prosecution and defense will square off in oral arguments on September 23, each panel allotted 15 minutes, with the senator-judges’ vote expected that same day.
Tongol closed by appealing for public patience, framing the entire exercise as part of the country’s democratic machinery—one meant to sharpen the reasoning of citizens, senator-judges, and parties alike. He urged Filipinos not to lose faith in the senator-judges, describing them as people wrestling with the same uncertainties as everyone watching. “May mga question din po sila at gusto nilang to finally put a nail in the coffin itong question na ito,” he said.
