00:00Three of four retired Supreme Court justices consulted by the impeachment court say
00:04the threshold to convict Sara Duterte is not fixed at 16 votes.
00:08The three Amici Curie say the constitutional provision stating that no person shall be convicted
00:14without a two-thirds vote of all members of the Senate does not automatically put the denominator at 24.
00:20They are former Chief Justices Renato Puno, Hilario Davide Jr., and Artemio Panganiban.
00:25In a written position read by the Senate Secretary, Davide says,
00:28The framers of the constitutions of 1935, 1973, and 1987 could never have intended to include in all members
00:38those who cannot participate in the hearings and deliberations on the impeachment,
00:42such as those who are outside the jurisdiction of the Philippines,
00:45or whose whereabouts are unknown or in hiding to avoid arrest.
00:50He adds,
00:50Those who cannot exercise their rights and privileges as a senator due to some legal impediment or restraints
00:56such as plunder charges should be excluded from the count.
00:59Senators Jingoy Estrada, Rodante Marcoleta, Bato De La Rosa, and Lauren Legarda continue to be absent from the impeachment trial.
01:05Is it fair and truthful should the senators be allowed to vote though they were there in hiding, abroad,
01:15legally detained, sick, hospitalized, or otherwise absent,
01:20and have not been able to access and examine the documents,
01:25have not heard the testimonies, and have not observed the demeanor of the witnesses?
01:31Puno argues if the conviction threshold is fixed at 16, the constitution should have explicitly said so.
01:37By using two-thirds the number of votes to convict, we'll have to move depending on certain factors.
01:49Only retired Supreme Court Justice Adolfo Azcuna interprets the provision to be locked at 16 votes for conviction.
01:55I respectfully submit, your honours, that the reference in this provision is to all members of the Senate.
02:04As long as they are members of the Senate, they constitute the denominator and computing the threshold of two-thirds,
02:15because all means all.
02:19VOS, you face the phenomenon of oath.
02:20What does it mean?
02:20What the hell do I say?
02:20I'll say, I'll say it IS ADOL.
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