House prosecution lawyers reaffirmed that the Senate Impeachment Court holds exclusive jurisdiction to determine the required vote threshold for convicting Vice President Sara Z. Duterte, even as her legal team considers appealing any future ruling to the Supreme Court.
Benjamin Tolosa Jr., legal spokesperson and counsel for the House prosecution team, pointed to arguments presented by friends of the court (amici curiae) who framed the vote requirement as a political question strictly reserved for senators.
“They said it is only the Senate, sitting as an impeachment court, who has the sole power to decide on this matter,” Tolosa stated during a news briefing.
“Ayon sa kanila, this is a political question that cannot be questioned before the Supreme Court and that the Supreme Court cannot determine. It’s only for the Senate,” he added.
The prosecution’s remarks came after defense lawyer Michael Wesley Poa signaled during Wednesday’s oral arguments that the defense might turn to the high court to contest the voting requirement.
Addressing the potential for judicial intervention, Tolosa acknowledged that demonstrating grave abuse of discretion can open the door to Supreme Court review. However, he referenced insight from retired Chief Justice Artemio Panganiban regarding the steep burden needed to prove such abuse in this scenario.
“But sabi nga niya, mahirap na sabihin na may grave abuse of discretion, considering na nag-imbita pa sila ng amicus curiae para pakinggan ang kanilang mga opinyon sa bagay na ito at nagkaroon pa ng oral arguments para marinig ang magkabilang panig,” Tolosa explained.
He conceded that the judiciary holds the final word on its own jurisdiction, “but at the end of the day, it’s the Supreme Court who will determine that question.”
When questioned on whether a Supreme Court filing might halt the trial, Tolosa emphasized that proceedings would remain on track in the absence of a temporary restraining order (TRO).
“Of course, kung walang TRO, then this should proceed,” he noted.
The Senate subsequently moved to vote on a motion from Senator-Judge Erwin Tulfo challenging Presiding Officer Francis Escudero’s July 6 directive, which mandated a two-thirds majority of the full 24-member chamber, or 16 votes, to secure a conviction against the Vice President.