Manila: Senator-judge Erwin Tulfo said Friday keeping all 24 senators in the voting base for Vice President Sara Duterte's impeachment trial could effectively turn the absence of members into 'no' votes. Tulfo highlighted this potential consequence, stating he seeks clarification when the Senate impeachment court hears former Supreme Court justices next week on his appeal questioning how the constitutional two-thirds requirement should be applied.
According to Philippines News Agency, Tulfo explained that if absent senators are included in the count, it could mean they are automatically counted as 'no' votes since there is no abstention allowed in the impeachment proceedings. The Senate's impeachment rules demand senator-judges to vote 'guilty' or 'not guilty' on each article, and failure to achieve a two-thirds majority from all Senate members results in acquittal.
Tulfo initially supported a strict two-thirds requirement based on the full Senate membership but began questioning its application upon hearing different interpretations from legal experts regarding senators unable to participate. Four senator-judges, including Senators Rodante Marcoleta, Jinggoy Estrada, Ronald "Bato" Dela Rosa, and Loren Legarda, have been unable to participate regularly due to detention, being at large, or medical leave.
He emphasized that his appeal is not aimed at making Duterte's conviction easier but seeks to clarify whether senators unable to participate should still be counted in the final vote. Tulfo dismissed claims that his questioning indicated a bias towards conviction, stating it would be unfair to make premature judgments.
The impeachment court has enlisted retired Chief Justices Artemio Panganiban, Reynato Puno, and retired Associate Justice Adolfo Azcuna as amici curiae (friends of the court) to advise senator-judges on Tulfo's challenge against presiding officer Francis 'Chiz' Escudero's 'hard 16' ruling. Former Chief Justice Hilario Davide Jr. will contribute through a legal memorandum.
Tulfo urged senator-judges to listen with an open mind to the former magistrates before making a decision. The prosecution and defense are scheduled to argue their positions on September 23, after which the impeachment court is expected to vote on Tulfo's appeal.
Meanwhile, the House prosecution team welcomed the court's decision to seek insights from former Supreme Court justices, recognizing their expertise could clarify the Constitution's two-thirds requirement. Prosecution spokesperson Lanao del Sur Rep. Zia Alonto Adiong highlighted the credibility, expertise, and integrity of the legal luminaries, noting that their insights are intended to guide the impeachment court rather than define the prosecution's interpretation.
Former Rep. Ace Barbers, a House prosecution team adviser, reiterated adherence to Escudero's earlier ruling that 16 votes constitute two-thirds of the 24-member Senate. He noted that the opinions of the amici curiae would not preclude potential Supreme Court involvement should a constitutional controversy arise.
