Conviction vote threshold debate no reason to delay VP Duterte trial--Luistro
At A Glance
- Rep. Gerville Luistro leads the House prosecution team's attendance at the June 18 pre-trial conference, stressing that debates on conviction vote thresholds should not delay Vice President Sara Duterte's impeachment trial.
- She estimates the trial could last until the end of September, saying senator-judges would have ample time to resolve the issue of whether conviction requires 16 votes out of 24 or 15 out of 22 active members.
- Luistro emphasizes that the matter falls under the Senate's constitutional authority, citing Supreme Court rulings that leadership disputes are political questions beyond judicial intervention, as the trial begins July 6.
Batangas 2nd district Rep. Gerville “Jinky Bitrics” Luistro (House of Representatives)
The debate on whether or not the conviction vote threshold should be lowered in Vice President Sara Duterte's Senate impeachment trial is no reason to delay the conduct of the trial itself.
Batangas 2nd district Rep. Gerville “Jinky Bitrics” Luistro had this to say Thursday, June 18, as she led the House prosecution team in attending the pre-trial conference for the high-stakes trial.
All 11 members of the prosecution panel were on hand Thursday morning during the closed-door conference at the Senate in Pasay City.
Luistro says the trial is expected to run for several months, giving senator-judges ample time to address the matter before voting on the case.
“Mahaba pa itong trial na ito. Sa estimate ko nga, abutin ito hanggang end of September (This trial will still be long. In my estimate, it will reach until the end of September),” she said.
“So ‘yung sinasabi natin na hihinto to give way to this prejudicial question, I don’t think sapagkat sa dulo pa natin kakailanganin actually ‘yung certainty as to the number of votes required for the purpose of conviction,” noted the lawyer-legislator.
(So when we say it will stop to give way to this prejudicial question, I don’t think so, because we would only need at the actually the certainty as to the number of votes required for the purpose of conviction.)
Luistro was referring to the ongoing debate over whether the constitutional requirement of a two-thirds vote for conviction should be based on the Senate’s full membership (16 out of 24) or only on senators who are able to participate in the proceedings.
Some congressmen have said that the threshold should be 15, since only 22 senator-judges are currently able to reasonably perform their duties.
The House prosecution panel attends the pre-trial conference at the Senate (House of Representatives)
The chairperson of the House Committee on Justice said the issue primarily concerns Senate procedure and may ultimately fall within the chamber’s constitutional authority to govern its own affairs.
“As a general rule, justiciable question ‘yan (that is a justiciable) because it pertains the procedure in the Senate,” Luistro said.
She noted that the Supreme Court (SC) had previously declined to intervene in disputes involving Senate leadership, ruling that such matters are political questions best resolved by the Senate itself.
“At kamuka nitong petition about the leadership, di ba dinismiss ng Supreme Court? (And like this petition before the leadership, wasn't this dismissed by the Supreme Court?) They refuse to resolve the issue for the reason that it is a political question which belongs exclusively to the constitutional autonomy of the Senate,” she said.
The actual impeachment trial is set to begin on July 6.