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The 26th day of the impeachment trial against Vice President Sara Duterte on Wednesday, Sept. 16, marked the appearance of the amici curiae (friends of the court), to present oral arguments on the proper interpretation of the conviction threshold, that is the requirement of two-thirds of the Senate in order to convict Duterte.

The amici curiae is composed of retired chief justice Artemio V. Panganiban, retired chief justice Reynato S. Puno, retired Supreme Court associate justice Adolf S. Azcuna, and retired chief justice Hilario Davide, although the latter was not present due to a recent medical procedure.

Davide, through a legal memorandum, argued that the voting should be limited only to those who are actively participating in the trial, and not all 24 members of the Senate, citing provisions from 1935 and 1973 Constitutions.

Panganiban acknowledged that a literal reading of the 1987 Constitution would yield 16 votes for 1 2/3 threshold, but warned that constitutional interpretation cannot always end with an abstract mathematical computation.

Puno similarly argued for a fixed 16-vote conviction, stating that the number of votes to convict will have to be adjusted depending on certain factors.

Meanwhile, Azcuna backed the 16-vote threshold, providing that as long as all 24 members remain as senators, it constitutes the denominator in computing the two-thirds threshold, since "all means all."

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Transcript
00:00The court, through the presiding officer, has enlisted the assistance of the following distinguished Amici Curie
00:05to aid the court in its resolution of questions concerning the proper interpretation and application of Article 11, Section 3
00:13.6 of the Constitution.
00:14The word members refers to living persons who are not suffering from any mental, physical, or health conditions,
00:22which render them incapable of exercising their powers or performing their duties as senators,
00:27or who are prohibited to do so by reason of some legal restraints or impediments.
00:33This is the spirit of the provision. It could not be otherwise.
00:38Is it truthful and fair to allow senators to cast their votes despite being absent from the proceedings?
00:46Is it fair and truthful should these senators be allowed to vote though they are in hiding,
00:54abroad, legally detained, sick, hospitalized, or otherwise absent and have not been able to access and examine the documents,
01:06have not heard the testimonies, and have not observed the demeanor of the witnesses?
01:12I respectfully submit, however, that it is inappropriate to give Article 11, Section 3.6 a standalone, literal reading.
01:35If we give this kind of reading to Article 11, Section 3.6,
01:44the threshold of 16 senators to convict will be fixed and immutable.
01:55I respectfully submit, Your Honours, that the reference in this provision is to all members of the Senate.
02:07As long as they are members of the Senate, they constitute the denominator and computing the threshold of two-thirds,
02:18because all means all.
02:21And then I have to hear NBI, Director, making statements that make it appear that I'm a common fugitive.
02:30Na, na-monitor niya kung nasan ako, at meron siyang information kung ano araw ako babalik.
02:39Am I a fugitive?
02:41Bakit may ganito?
02:43So, I will tell you all now, am I pressured?
02:50So, are you telling us na kami ang mag-decide, hindi pwede ang Constitution, ang Supreme Court?
02:56Is that what you're driving at po kanina?
03:00Na kayo, bilang halal ng bayan, kayo magdidesisyon.
03:04Hindi po ang Korte Suprema dapat.
03:07Sapagkat kung ang ginisto ng ating Constitution,
03:11ang magdesisyon ng Supreme Court, dapat hindi na kayo.
03:14Ang hinahanap po ng ating bayan ay justisya mula sa Senado.
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