By Dhel Nazario
Senate Impeachment Court Presiding Officer Francis “Chiz” Escudero on Tuesday said his declaration that at least 16 senator-judges must vote to convict Vice President Sara Duterte has become an official ruling of the chair after no member of the impeachment court objected to or appealed it.
The clarification came after Senator-Judge Panfilo ‘Ping’ Lacson raised a point of inquiry during the second day of Duterte’s impeachment trial, asking whether Escudero’s earlier statement on the constitutional two-thirds voting requirement was merely a legal opinion or a binding ruling of the impeachment court.
Lacson sought clarification on the legal effect of Escudero’s pronouncement.
“My point of inquiry, Mr. Presiding Officer, is, is this portion of your opening statement a matter of legal opinion on your part as presiding officer, or does it constitute a ruling by the impeachment court?” Lacson asked.
Lacson also asked whether treating the matter as a ruling effectively transforms it into a justiciable controversy that the Supreme Court (SC) of the Philippines may eventually resolve should either the prosecution or defense challenge it on grounds of grave abuse of discretion.
In response, Escudero confirmed that the 16-vote threshold is now an official ruling that remains in effect because it went unchallenged by the senator-judges.
“So to clarify, yes, I believe it may be considered already as a justiciable controversy, although it is not for us to dictate that, but the courts. Given that it is a ruling of the chair, not objected to nor appealed by any member of this court, and therefore stands,” Escudero explained.
Escudero had previously stated that a literal reading of the Constitution’s requirement for a two-thirds vote to convict means the affirmative vote of at least 16 senator-judges is necessary to secure a conviction in the impeachment trial.
