The Senate impeachment court. Maria Tan, ABS-CBN News/File
MANILA (UPDATE) — Sen. Erwin Tulfo asked the Senate impeachment court on Tuesday whether senators who have been absent from the proceedings against Vice President Sara Duterte would still be allowed to vote on her acquittal or conviction.
During his manifestation, Tulfo raised the question of whether the impeachment court would still require 16 votes to convict Duterte. The number represents two-thirds of the 24-member Senate, the threshold required under the 1987 Constitution to convict an impeached official.
This comes as "some of our members are beyond the coercive power or jurisdiction of the Senate," Tulfo said.
"My question is, are we going to allow them to vote? Are we going to accept their votes even though they're not attending this trial or is it automatic to say their votes will be 'no'?" he said.
Some senators have been largely absent from the impeachment proceedings for various reasons. Sen. Ronald dela Rosa, for instance, has kept a low profile while being wanted by the International Criminal Court over his alleged role in former President Rodrigo Duterte’s drug war.
Sen. Jinggoy Estrada and Sen. Rodante Marcoleta remain in detention over plunder cases, while Sen. Loren Legarda is on medical leave.
READ: Who decides if Marcoleta, Estrada can vote?
But Sen. Pia Cayetano said more time was needed to discuss the issue, especially given that Minority Floor Leader Alan Peter Cayetano was absent from Tuesday's trial, with which presiding officer Sen. Francis Escudero agreed.
"The Chair agrees with Senator-judge Pia. We cannot decide on this motion of Senator-judge Erwin Tulfo at this point in time, but we can set in motion what the court shall do in order to resolve this matter," Escudero said.
When questioned by Escudero, Tulfo later clarified that he was seeking to define what "all members" of the Senate meant, citing Paragraph 6, Section 3 of Article XI of the Constitution, which states: "No person shall be convicted without the concurrence of two-thirds of all the Members of the Senate."
Tulfo said he had seen comments from some former chief justices regarding the voting threshold and whether all members of the Senate referred only to those present during the trial.
Escudero said the Senate would consult "amici curiae or friends of the court," who will give their opinion on the issue.
He arrived at the decision following discussions with counsels for the prosecution and defense, as well as the senator-judges.
The court will hear from the amici curiae on September 16, when there will be no trial, Escudero said. Oral arguments to hear the views of both parties will be held on September 23, followed by a vote on the matter on the same day.
Escudero said the court already had people in mind to serve as amici curiae but declined to name them as they had yet to be informed.
Cayetano later questioned whether the impeachment court had the authority to decide on the voting threshold.
She recalled a ruling by Escudero in July, when he said the threshold would be 16 votes, with any recourse to be raised before the Supreme Court.
"Your ruling was if there's anyone who questions it then the recourse is to go to the Supreme Court," Cayetano said, noting that "the interpretation of the Constitution is with the Supreme Court." — With a report from Chalssea Kate Echegoyen, ABS-CBN News