Senator Erwin Tulfo said Wednesday that he will propose seeking guidance from the framers of the 1987 Constitution on the number of votes required to convict or acquit Vice President Sara Duterte in her impeachment trial, as four senators remain absent from the impeachment court.
In a DZRH's Damdaming Bayan interview, Tulfo said the framers could be consulted alongside former Supreme Court (SC) justices and other legal experts to clarify the constitutional provisions governing impeachment proceedings.
“Initially po kasi ang napag-usapan ay mga taga-Supreme Court, maaari pong idagdag ‘yan [framers of 1987 Constitution] kapag nagkaroon po kami ng all members caucus. Pag-uusapan po ’yan, sasabihin ko po na mag-imbita tayo ng framers ng 1987 Constitution,” Tulfo said.
Earlier, the Senate impeachment court agreed to seek guidance from legal experts before deciding whether to retain the 16-vote threshold required for conviction.
Tulfo said the current situation presents a unique challenge because four senators are unable to participate in the proceedings due to incarceration, being in hiding, or medical leave.
Four senators are currently absent from the Senate impeachment court: Sen. Ronald “Bato” dela Rosa, who is in hiding amid an arrest warrant issued by the International Criminal Court (ICC); Sen. Jinggoy Estrada, who is detained over a non-bailable plunder case before the Sandiganbayan; Sen. Rodante Marcoleta, who is also detained over a non-bailable plunder case; and Sen. Loren Legarda, who is abroad on extended medical leave.
Meanwhile, Tulfo stressed that he is not seeking to lower the threshold but only wants clarification on how the required number of votes should be determined under the current circumstances.
“Hindi ko naman hinihingi na ibaba ang threshold. Ang sa akin lang po ay malinawan, paano ba? Kung bababa ang threshold, dapat bumaba rin ang threshold doon sa, ika nga, acquittal,” Tulfo said.
He said the Senate may invite Amicus curiae, or “friends of the court,” including former SC justices and framers of the 1987 Constitution, to provide legal guidance on the issue.
“Para wala hong problema na, magkokonsulta ang impeachment court sa mga dating miyembro po ng Supreme Court at convenor ng 1987 Constitution,” he said.
The Senate is expected to deliberate on the opinions of the legal experts and constitutional framers on September 23.
