Sara Duterte impeachment trial Day 26: What to expect

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Legal luminaries will take center stage on Wednesday not as witnesses in the impeachment trial of Vice President Sara Duterte, but as amici curiae, or friends of the court, who will help resolve questions on the conviction vote threshold.

Senate impeachment court presiding officer Francis Escudero said there will be no trial on Wednesday to give ample time to the four retired Supreme Court justices who will provide expert legal advice following the ruling on the 16-vote threshold to convict the Vice President.

Set to appear before the court to give their position on the matter and take questions from the senator-judges are three former magistrates — Retired Supreme Court Chief Justice Artemio Panganiban, Retired Supreme Court Chief Justice Reynato Puno, and Retired Supreme Court Associate Justice Adolf Azcuna.

Retired Supreme Court Chief Justice Hilario Davide Jr. will also participate, but through a legal memorandum instead of a physical appearance.

Copies of Davide’s legal memorandum, as well as the position paper from San Beda University School of Law dean Fr. Ranhilio Aquino, were earlier given to senator-judges and the parties.

Escudero said that senator-judges will be given five minutes each to ask questions to all or either of the three amici curiae present.

The defense and prosecution counsels are likewise allowed to ask questions coursed through the presiding officer.

Impeachment court spokesperson Atty. Regie Tongol said the amici curiae are expected to answer questions on whether the phrase “all the Members of the Senate,” as stated in Article XI, Section 3, Paragraph 6 of the Constitution, should refer to the Senate’s full membership of 24 senators or only those “who are legally and physically capacitated to participate and vote on the final question in an impeachment trial.”

The amici curiae are also set to face questions related to the Avelino v. Cuenco case, particularly whether its treatment of members beyond the Senate’s coercive jurisdiction applies to senators who are detained, abroad, suspended or whose whereabouts are unknown.

The questions will seek to determine whether such senators should be included in the phrase “all the Members of the Senate” for purposes of the two-thirds vote required under the Constitution.

They are also expected to give their views on whether a senator-judge who did not attend or substantially participate in the impeachment proceedings, including in propounding questions to and observing the demeanor of witnesses, may nevertheless validly cast a vote on the final question in an impeachment trial. —LDF, GMA News