MANILA, Philippines — Members of the prosecution team of the House of Representatives on Friday dismissed as speculative a warning from Vice President Sara Duterte’s spokesperson that a lower conviction threshold could expose senator-judges to criminal cases and affect the number of votes needed to convict her.
House Human Rights Committee Chairperson and Manila 6th District Rep. Bienvenido Abante Jr. issued the statement in reaction to Atty. Paolo Panelo’s warning that lowering the 16-vote threshold for conviction could allow the present administration to manipulate the outcome of Duterte’s impeachment trial.
Abante stressed that senator-judges should be allowed to resolve the threshold issue when necessary, guided by fairness and justice.
“I mean, why don't we give the right for the senator judges to be able to change the threshold when it is necessary?” the lawmaker said in a virtual press briefing.
House impeachment team spokesperson and adviser Ace Barbers, meanwhile, said Panelo’s interpretation does not necessarily settle the legal issue.
“As for me, just because that is their view, it doesn't necessarily mean that is the correct opinion,” Barbers said in Filipino.
“As Cong. Benny said, it is speculative,” he added.
On the possibility of a Supreme Court challenge, Abante questioned the legal basis for such a move, citing the Senate’s constitutional authority to try impeachment cases and retired justices’ discussion of grave abuse of discretion.
“If you are going to go to the Supreme Court, what would be the basis? Is there any violation of the Constitution?” he saif.
Parties may seek Supreme Court review if there are grounds to allege grave abuse of discretion, but rejected the suggestion that criminal cases involving senator-judges would necessarily amount to government manipulation of the impeachment vote.
“But as for the issue of whether the case is fabricated or not, that will likely depend on the evidence presented against you,” Barbers said.
The dispute comes as the Senate impeachment court weighs how to apply the Constitution’s two-thirds conviction requirement amid absences and leaves involving some senator-judges.
Abante also urged Duterte to address the allegations against her during the proceedings.
"It is the Vice President's duty to answer all the allegations against her," he said.
