As senators grapple with unresolved questions that could shape Vice President Sara Duterte's impeachment trial, her lawyers are choosing not to weigh in.
Defense spokesperson Michael Poa on Thursday declined to take a position on two contentious issues confronting the Senate impeachment court — who should preside over the proceedings and what voting threshold should apply to key rulings — saying both matters belong exclusively to the chamber.
"We are ready to face it as long as according to the law and Constitution, whoever the presiding officer is, we are ready," Poa told reporters after the first day of pre-trial proceedings.
"We are not hesitating or favoring anyone when it comes to that," he added.
On Wednesday, Sen. Ping Lacson stated that Sen. Chiz Escudero may return as a presiding officer of the Senate impeachment court, following a consensus among members of the majority bloc,
Asked whether the defense would support lowering the voting threshold being discussed by some lawmakers, Poa refused to disclose the camp's position.
"Obviously we have our own position on that issue. So I think it's premature for me to comment right now, especially since the Impeachment Court has not yet become a categorical position," he said.
Another unresolved question concerns the number of votes required for certain actions of the impeachment court. Senator Panfilo Lacson recently said the Senate itself would have to determine how to interpret the applicable voting requirements, adding another layer of uncertainty before trial begins.
The Senate currently has only 22 sitting members instead of its full complement of 24 senators, prompting debate over whether voting requirements should be adjusted for certain actions of the impeachment court.
Under the Constitution, conviction in an impeachment case requires the concurrence of two-thirds of all members of the Senate.
But questions have been raised about how other procedural votes should be counted during the proceedings and whether thresholds should be recalibrated in light of the chamber's current composition.
For Poa, however, those questions are for senator-judges to settle.
"Out of respect for the Senate, it's something I don't want to comment on at this time," he said.
The Senate impeachment court is currently in the pre-trial stage, with prosecutors and defense lawyers marking evidence, identifying witnesses and discussing stipulations that could shorten the proceedings.
Poa said both sides were working to streamline the proceedings ahead of the formal start of trial next month.
While procedural questions continue to hover over the impeachment case, the Duterte camp signaled it would reserve its arguments for the courtroom rather than the public arena.
Duterte faces impeachment charges approved by the House of Representatives, including allegations of culpable violation of the Constitution, graft and corruption, bribery and betrayal of public trust. She has repeatedly denied wrongdoing.
For now, the Duterte camp's message is simple: whoever holds the gavel and whatever rules are eventually adopted, the defense intends to fight the case on the merits.
