A Supreme Court challenge is likely whichever way the Senate impeachment court ultimately interprets the number of votes required to convict Vice President Sara Z. Duterte, according to House prosecutor and Bicol Saro Party-list Rep. Terry Ridon.
Ridon said the question over the conviction threshold remains unsettled despite previous statements from impeachment court officials indicating that 16 votes would be required.
“Sa totoo lang naman, no. Ang expectation natin, whatever the decision may be, malamang may pupunta naman talaga sa Supreme Court, whether we are talking about 16 or we are talking about a lower number,” Ridon said.
“Tingin ko, lagi-lagi may pupunta po sa Korte Suprema, whichever party,” he added.
Ridon was responding to a hypothetical question on what legal remedy might be available if the impeachment court changed its interpretation of the two-thirds requirement and convicted Duterte with fewer than 16 votes.
He declined to speculate on how such a scenario would play out.
“So I don’t want to respond to a hypothetical, pero I think we will just cross it pagka nandun na po tayo sa talakayang ito,” Ridon said.
The Constitution provides that no person may be convicted in an impeachment trial “without the concurrence of two-thirds of all the Members of the Senate.”
The impeachment court has previously taken the position that 16 votes are necessary to convict Duterte.
Ridon has repeatedly said the House prosecution is not seeking a particular interpretation of the constitutional threshold and would leave the matter to the senator-judges.
Asked whether prosecutors were concerned that impeachment court Presiding Officer Senator Francis “Chiz” Escudero would maintain the 16-vote requirement, Ridon noted that positions on the issue have already been publicly expressed.
“May mga statements na po ng mga binanggit. So I think meron position po ang presiding officer, meron din pong paglinaw din po yung tagapagsalita ng court,” he said.
Ridon, however, said the issue could still be revisited as the impeachment proceedings continue.
“Pero we will see. Kasi yung bagay na naman po na ’yan ay, I think, hindi pa tapos na tapos na usapin,” he said.