Luistro sees lower conviction vote if Senate numbers fall

MANILA, Philippines — Batangas Rep. Gerville Luistro on Monday said the vote threshold for convicting Vice President Sara Duterte in her impeachment trial should be reduced from 16 to 14 if more senators become unable to participate in the proceedings.

Speaking at a media briefing, Luistro, lead prosecutor in the impeachment trial, cited a 1949 Supreme Court ruling that defines a Senate majority based on members whose attendance can still be compelled. She said the Avelino doctrine should apply if more senator-judges are prevented from performing their duties.

“My position is to apply the doctrine in Avelino,” she said. “So our test should be: Are they still within the coercive power of the Senate? If the answer is no, then the number should be reduced to 14.”

Article continues after this advertisement

Her remarks come as the Senate confronts uncertainty over the availability of several members who could sit as judges in Duterte’s impeachment trial, set to begin on July 6.

FEATURED STORIES

NEWSINFO

NEWSINFO

NEWSINFO

READ: IBP: Senate’s June 3 session ‘lawful’ under Avelino doctrine

The chamber’s ranks have already been reduced, with Sen. Ronald “Bato” dela Rosa in hiding amid fears of arrest under an International Criminal Court warrant and Sen. Jinggoy Estrada detained over a plunder case linked to the multibillion-peso flood control scandal.

That leaves 22 senators capable of performing their duties, Luistro said.

“The threshold must be fixed depending on the current situation of our Senate,” she said, adding that senator-judges should represent the interests of Filipinos during the proceedings.

Article continues after this advertisement

Under investigation

Senators in the new majority bloc led by acting Senate President Sherwin Gatchalian invoked the Avelino doctrine to declare a quorum in the June 3 session when Sen. Francis Escudero showed up that enabled them to regain the Senate leadership positions and ousted Sen. Alan Peter Cayetano from the chamber’s top post.

The possibility of further absences remains, with Sen. Panfilo Lacson saying at least 10 senators are under investigation by the Office of the Ombudsman.

Article continues after this advertisement

READ: Wanted: Senator-heroes

Luistro argued that constitutional provisions should be interpreted in a way that reflects present circumstances.

“By evolving, what I meant was, it’s not enough that we have a law,” she said. “The law should correspond to the current situation. It should be able to respond to the current demands of time.”

Under the 1987 Constitution, conviction in an impeachment trial requires the concurrence of at least two-thirds of all members of the Senate. With a full Senate membership of 24, that translates to 16 votes, a threshold Gatchalian has said the chamber would maintain.

“We need a Senate that is functioning,” said San Juan Rep. Ysabel Maria Zamora, a member of the prosecution panel. “For all of the procedures that the Senate will be doing, we need senators who are able to do their job.”

Lanao del Sur Rep. Zia Alonto Adiong, the team’s spokesperson, echoed the concern, saying the Senate cannot be fully functional if some members are inaccessible and unable to participate in deliberations.

A conviction would remove Duterte from the vice presidency and could permanently bar her from holding public office.

Pretrial brief

Meanwhile, the prosecution submitted its pretrial brief to the Senate and said it intends to present more than 30 witnesses during the proceedings. The Senate as an impeachment court reported its receipt later in the day.

The filing comes ahead of a pretrial conference from June 18 to 25, where prosecutors and Duterte’s defense team are expected to settle matters including stipulations of fact, identification of witnesses, marking of evidence, trial schedules, and the sequence of presentation of evidence.

According to Zamora, prosecutors may withhold the identities of some witnesses until they are called to testify, citing security concerns.

Luistro said they would ask the impeachment court to consider adopting an “open rule,” to allow them to introduce matters beyond those raised during witness examinations if deemed necessary to strengthen their case.

Trial in Filipino

The prosecution is likewise seeking permission to use Filipino and provide translations into regional languages during the proceedings to make the trial more accessible to the public.

“What we intend to provide to the public is the widest information, easy to understand for the public,” said Adiong, noting that legal terminology used during the trial could be difficult for many viewers to follow.

Your subscription could not be saved. Please try again.

Your subscription has been successful.

Luistro said the impeachment trial could conclude as early as September if proceedings begin as scheduled and move forward without interruptions. /cb