The Senate Impeachment Court has tapped four retired Supreme Court justices as amici curiae, or “friends of the court,” to provide legal guidance on the voting threshold required to convict Vice President Sara Duterte in her impeachment trial.
The four retired magistrates are former Chief Justices Artemio Panganiban, Reynato Puno, and Hilario Davide Jr., and retired Supreme Court Associate Justice Adolfo Azcuna.
The court invited the retired justices to discuss the interpretation of the phrase “all members” under Article XI, Section 3(6) of the 1987 Constitution, a provision central to determining the number of votes required for a conviction in the impeachment trial.
Panganiban, Puno, and Azcuna are scheduled to personally appear before the impeachment court on September 16 to present their legal opinions. Davide, who is currently recovering, will instead submit a legal memorandum to the court.
The four have extensive experience in the judiciary and constitutional affairs.
Panganiban served as an Associate Justice of the Supreme Court from 1995 to 2005 before becoming Chief Justice in 2005. He retired from the Court in 2006.
Puno succeeded Panganiban as Chief Justice in 2006 and served until 2010. During his tenure, he introduced the Writ of Amparo and Writ of Habeas Data as legal remedies aimed at protecting basic human rights.
Azcuna served as a member of the 1971 Constitutional Convention and the Constitutional Commission that drafted the 1987 Constitution. He later became a Supreme Court Associate Justice in 2002 and retired in 2009.
Davide served as a member of the 1971 Constitutional Convention and the 1986 Constitutional Commission. He later became a Supreme Court Associate Justice before being appointed Chief Justice in 1998.
Davide also served as the presiding officer during the impeachment trial of former President Joseph Estrada, making his participation particularly relevant to the Senate’s current proceedings.
The issue of the voting threshold has emerged as a key constitutional question in the Duterte impeachment trial. Presiding Officer Senator Francis Escudero has reiterated that at least 16 votes, or two-thirds of all 24 senators, are needed to convict, in accordance with the Constitution.
Meanwhile, the impeachment court partially granted the extension requests of the Philippine National Bank (PNB) and UnionBank for the submission of their remaining documents until September 17.
The oral arguments of the prosecution and defense panels are scheduled for September 23, with each side given 15 minutes to present its position. Senator judges are also expected to cast their votes on the same day.
