MANILA, Philippines — Senator-judge Francis Pangilinan on Wednesday asked the amici curiae or friends of the court if changing the conviction threshold in the middle of the trial would violate Vice President Sara Duterte's right to due process.
Pangilinan expressed concern at how certain commentaries have framed changing the voting threshold previously set by the presiding officer as changing the rules in the middle of the proceeding, which may affect the respondent's right to due process.
"If we reconsider the ruling and decide as a court that it is lower than 16, I go back to the question, isn't that a denial of the respondent's right to due process that the rule was changed in the middle of the proceedings?" he asked.
Retired Supreme Court Chief Justice Artemio Panganiban replied that there is no violation because the senators have yet to vote nor did they implement anything.
He also commended the Senate for initiating the meeting with the amici curiae as this would prevent them from being accused of grave abuse of discretion.
For his part, Retired Supreme Court Chief Justice Reynato Puno said discussing how a rule should be interpreted is not changing the rules especially if the rule in question has many reasonable interpretations.
Retired Supreme Court Associate Justice Adolf Azcuna, meanwhile, agreed with his colleagues and noted that the question of the interpretation of the 2/3 voting threshold is a procedural matter, and that procedural matters can be retroactive.
