Barbers: House prosecutors may seek lower conviction threshold

MANILA, Philippines – The House prosecution team may seek to lower the threshold needed to convict Vice President Sara Duterte in her impeachment trial “at the appropriate time,” its adviser Robert Ace Barbers said on Wednesday.

At least two-thirds of the Senate must find Duterte guilty of alleged wrongdoing for her to be convicted, and Batangas Rep. Gerville Luistro may raise the threshold question “at some point” to settle the topic, according to Barbers, a former lawmaker who is now advising the prosecution panel.

Calling it an “important issue” in the upcoming trial, he said the Senate impeachment court must settle the vote requirement, adding that the matter could also be elevated to the Supreme Court for resolution. He did not elaborate, describing it as a “legal issue.”

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“At the appropriate time, I’m sure congresswoman Jinky, being the lead prosecutor of the prosecution panel, will definitely raise this issue,” he said in a media briefing, referring to Luistro by her nickname.

Barbers’ remarks echoes Luistro’s earlier opinion that the vote count for convicting Duterte should be lowered from 16 if more senators are unable to participate in the proceedings, which is set to begin on July 6.

“There’s a point in lowering the conviction threshold,” Barbers said. “It’s not a wise decision for a judge to decide on a case that he can’t participate in.”

A 1949 Supreme Court ruling that defines a Senate majority based on members whose attendance can still be compelled should be used as a basis for the vote threshold, he said.

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“If some members are not under the coercive jurisdiction of the Senate, then it should be adjusted,” said Barbers.

READ: Luistro: Conviction threshold to be tackled after pre-trial, may ask SC

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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.

The idea to lower the numbers to convict Duterte sprouted as dwindling membership in the 24-man upper chamber casts uncertainty over the availability of senators to sit as judges in her impeachment trial.

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

Another senator, Rodante Marcoleta, faces a possible plunder case tied to his alleged failure to disclose P75 million in campaign donations, with the Office of the Ombudsman preparing the charge in what would be a nonbailable offense.

“Where can you find a judge that will decide on a big and important case in which they didn’t see the evidence, that they can’t appreciate and see the demeanor of the witnesses, and that they did not hear the answers to the allegations,” said Barbers.

He also said the 11-man prosecution team will also seek clarification from the Senate impeachment court on its requests to unseal a container holding Duterte and her husband, lawyer Maneses Carpio, tax records, and to allow private prosecutors question witnesses.

Prosecutors will likely file their comment on the Senate’s pretrial order, which was released on Monday, before the trial commences next week, he added.

Duterte, twice impeached over allegations ranging from threats against President Ferdinand Marcos, Jr. and his family to unexplained wealth and misuse of confidential funds, faces an impeachment trial that will unfold amid an increasingly turbulent political landscape. /mr

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