Presiding officer Chiz: 16 votes needed to convict

MANILA, Philippines — The Senate impeachment court formally began yesterday the trial of Vice President Sara Duterte, with newly elected presiding officer Sen. Francis Escudero asserting that a conviction would require two-thirds vote of all members of the chamber.

“With 24 members of the Senate, a literal interpretation of this means that conviction requires the affirmative vote of at least 16 senator-judges,” Escudero said in his speech, citing a provision of the 1987 Constitution requiring the votes of two-thirds of “all members” of the Senate to secure a conviction of an impeached official.

Those who disagree with his position could subject it to a legal challenge, he said.

The position is controversial because three senators were unable to participate at the start of the trial yesterday: Ronald dela Rosa, who is in hiding and unlikely to surface and risk arrest; and Jinggoy Estrada and Rodante Marcoleta, both detained on charges of plunder.

Escudero himself could face arrest if he is indicted in court for P30 million in campaign funds donated to his Senate bid by a private contractor with public works projects.

He had said the donation was made in a personal capacity by the owner of the company.

Escudero cited a 2000 Supreme Court decision on Bayan v Zamora regarding Senate concurrence of a treaty.

In this decision, the SC held that “the Senate shall be composed of 24 senators, without a tinge of doubt, two-thirds of the figure or not less than 16 members is an unquestionable compliance with the requisite number of votes.”

“It behooves, therefore, all of us to observe the same fidelity to the Constitution in this trial, which affects not only the mere ratification of a treaty, but more so affects the substantial rights of the respondent, as well as the sovereign will of the people as expressed in the overwhelming mandate given to her,” Escudero said.

“This is the prevailing law today. And whether we agree with it or not, we must abide by it,” he added.

The arrest of Sen. Rodante Marcoleta yesterday for plunder further trimmed down to 21 the number of senators who could attend and vote in Duterte’s impeachment trial. Sen. Jinggoy Estrada is also in detention for plunder while Sen. Ronald dela Rosa – wanted by the International Criminal Court for crimes against humanity –  is in hiding.

Senate Minority Leader Alan Peter Cayetano said the impeachment court may coordinate with the Sandiganbayan to allow Marcoleta and Estrada to physically attend Duterte’s trial.

“We do not know what will happen. Their case may be dismissed, they can be out on bail, so we want them to be able to participate and observe the witnesses as senator-judges here,” Cayetano said.

But Sen. Raffy Tulfo said allowing the two to follow the proceedings through television coverage would be enough.

Escudero said the request would first have to be discussed with the senator-judges as well as with the prosecution and defense panels.

The trial started with Senate President Sherwin Gatchalian banging the gavel, only to give way to Escudero who was voted to the position of presiding officer by 12 majority bloc senators.

Escudero sat beside Gatchalian at the rostrum, reminiscent of the 2000 impeachment trial of deposed president Joseph Estrada, when then Senate president Aquilino Pimentel Jr. and former chief justice Hilario Davide Jr. sat beside each other at the elevated podium.

In his speech, Escudero vowed to pursue “impartial justice” and not to serve any “political agenda.”

“As presiding officer, I shall do my part to uphold the fairness and integrity of this process and shall see it through to its proper conclusion,” Escudero said.

Given, not sought

He denied that he had asked for the position after jumping to the majority to help elect Gatchalian as Senate president replacing Alan Peter Cayetano.

“I did not seek nor did I ask for this responsibility. But neither will I shirk from fulfilling this duty without fear or favor,” Escudero said.

In a statement, Gatchalian stressed it was he who raised the idea of having Escudero as presiding officer “and I’m glad the body acted on it.”

He said Escudero “will preside over the day-to-day conduct of the trial,” while as Senate president he will “retain full supervision over the impeachment court and will stay closely engaged throughout…”

Escudero, meanwhile, also ordered the return to the Bureau of Internal Revenue (BIR) of the box containing tax records of Duterte and husband Manases Carpio.

He explained the court “is not yet the custodial legis” and that there is “no lawful order by the court for this box to be turned over to the Senate.”

Not yet marked as evidence, Escudero ordered that the box be “closed, sealed and as it is received, be sent back to the BIR without prejudice to any actions the court may take.”

In his speech, Escudero appealed to fellow senator-judges for impartiality even in making public comments during the impeachment trial.

“We must avoid even the appearance of impropriety and observe the ‘cold neutrality of an impartial judge’ at all times. May I therefore caution my fellow senator-judges, the prosecutors, the respondent and their respective counsels and witnesses to refrain from making any comments and disclosures to the public pertaining to the merits of the trial,” Escudero said.

“Impeachment is not a chance to settle political scores. It is not a stage for political theater or personal attacks,” he added.

Cayetano and his sister Sen. Pia Cayetano took turns for over an hour contesting Escudero’s election as presiding officer, saying it’s the Senate president who should handle the task as mandated – he claimed – in the 1987 Constitution.

“We cannot now just change the rules. We’re here for the opening statements. We’re here for the trial. Are we here to change the rules? We’re changing the rules here today,” Alan Peter said.

“I want to avoid that this impeachment trial will be declared null and void. I want to avoid walkouts. I want to avoid any delays. The Senate President is more than capable (of presiding over the trial),” Cayetano said.

“Kapag mali ang umpisa, mali na ang lahat ng susunod (If it’s not right in the beginning, then the rest can’t also be right),” Sen. Imee Marcos said in opposing Escudero’s election as presiding officer.

But Sen. Francis Pangilinan pointed out that the 1987 Constitution is silent on who should preside over the impeachment trial of those below the President.

“Nowhere in the Constitution, in the provisions on public accountability and impeachment, does it say that the Senate President must preside when the Vice President is under trial or any other impeachable officer,” Pangilinan said.

At Malacañang, press officer Claire Castro said President Marcos has more important work to attend to “and will not simply sit down and watch the impeachment trial.”

“There’s no need for him to monitor. He will later learn of the developments anyway,” Castro said. — Mark Ernest Villeza