The defense team of Vice President Sara Duterte respects the Senate impeachment court’s ruling on the voting threshold for her impeachment trial, but remains open to challenging the decision before the Supreme Court (SC).
Defense counsel Michael Poa said the team respects the impeachment court’s decision to change the basis for determining the two-thirds vote needed to convict Duterte.
“Kung ‘yun naman ‘yung naging desisyon ng ating impeachment court, syempre dapat respetuhin natin,” Poa said.
Poa, however, stressed that the defense participated in the oral arguments ad cautelam, or with caution and without prejudice to any legal remedies that may still be available to them.
The defense team has yet to decide whether and when it will bring the issue before the SC.
“'Yung pag-akyat kailangan namin munang kausapin ang aming kliyente, ang ating bise presidente kung nais din niyang umakyat,” Poa said.
He added that the timing would depend on whether the issue has become “justiciable,” or ripe for judicial review.
“Pangalawa, timing din po ‘yan… pwede naman tayong umakyat sa Supreme Court kung ang tinatawag natin ay justiciable na ‘yung isyu… ibig sbaihin hinog na para iakyat ito sa Supreme Court,” he added.
One option being considered by the defense is the filing of a petition for certiorari seeking to challenge the impeachment court’s ruling.
“Sa ngayon, hindi pa namin masabi kung aakyat tayo, kung kailan ito. But definitely hindi naman tayo magsisinungaling na hindi tayo aakyat dahil isang posibilidad po talaga ‘yan,” Poa said.
Poa said the defense must first present the possible legal courses of action to Duterte and allow her to decide on the next steps.
The Senate impeachment court on Wednesday voted 13-1 to overturn Presiding Officer Francis “Chiz” Escudero’s July 6 ruling that 16 votes, or two-thirds of the 24-member Senate, would be required to convict Duterte. Six senator-judges did not participate in the vote.
Under the new ruling, the two-thirds requirement will be based on senators who are legally and factually capable of participating in the impeachment proceedings at the time of the vote. Senators who are detained, suspended, legally restrained, physically or medically incapacitated, or otherwise unable to participate may be excluded from the voting base.
The ruling does not establish a fixed numerical threshold. The impeachment court will first determine which senator-judges may be excluded, after which two-thirds of the remaining members will be calculated. Any fractional result will be rounded up.
The defense earlier argued that the July 6 ruling setting the threshold at 16 votes should remain in effect and that there had been no supervening event warranting a change.
Poa: Resignation not an option for VP Duterte
Meanwhile, Poa said resignation has never been an option for Duterte.
“Very firm po ang ating Bise Presidente noon palang sa simula na wala siyang balak magresign. Ang sinasabi niya palagi… Paano naman ang mga taong bumoto sa kanya, nagtiwala sa kanya noong nakaraang eleksyon. Para kay Vice President hindi namin pinag-uusapan ang resignation. It was never on the table,” he said.
According to Poa, Duterte remains committed to facing the impeachment proceedings and proving that she did not commit any wrongdoing.
The defense has also maintained that Duterte intends to continue participating in the trial while reserving her right to pursue available legal remedies.
