Senate impeachment court defends selection of retired justices as 'Amici Curiae'

The Senate impeachment court on Friday defended its choice of four retired Supreme Court justices to advise on the disputed voting threshold in Vice President Sara Duterte’s trial, asserting that the appointments were based strictly on legal expertise rather than pre-existing positions on the issue.

Addressing concerns over bias, impeachment court spokesperson Reginald Tongol clarified during an online press briefing that retired Chief Justices Artemio Panganiban, Reynato Puno, and Hilario Davide Jr., alongside retired Associate Justice Rodolfo Azcuna, were invited to serve as amici curiae (friends of the court) solely for their constitutional background.

Puno previously chaired the Consultative Committee that reviewed the 1987 Constitution during the Duterte administration, while Davide and Azcuna were members of the 1986 Constitutional Commission that drafted the charter. Tongol emphasized that none of the four experts has publicly expressed an opinion on the voting threshold in the media or on social platforms.

Tongol added that Presiding Officer Sen. Francis “Chiz” Escudero consulted both the prosecution and defense teams regarding the selection process prior to finalizing the invites.

The court is also considering adding more legal experts following public feedback regarding the lack of female representation among the panel.

“That is an ongoing process,” Tongol said. “Maybe this weekend, if ever there are developments on that, more would be added.”

The four retired justices are scheduled to present their legal opinions on Sept. 16 on whether the 16-vote requirement for conviction should be retained or adjusted. Under current rules, a two-thirds majority—at least 16 of the 24 senator-judges—is required to convict an impeachable official.

The voting threshold has become a central point of contention because four senator-judges are currently unable to participate in the trial:

Sen. Ronald “Bato” dela Rosa remains in hiding following an arrest warrant issued by the International Criminal Court (ICC).

Sens. Jinggoy Estrada and Rodante Marcoleta are currently detained over non-bailable plunder charges before the Sandiganbayan.

Sen. Loren Legarda is abroad on extended medical leave.

The appointment of the amici curiae stems from a request by Senator-Judge Erwin Tulfo, who called for a review of Escudero’s initial ruling that set the threshold at 16 votes. Tulfo argued that the prolonged absence of the four senators warrants a re-evaluation of the required voting fraction.

-Paraluman News