Ahead of the arguments the Senate impeachment court will hear before voting on the conviction threshold for Vice President Sara Duterte, the impeached official’s camp warned that reducing the 16-vote limit will set a dangerous precedent.

Duterte’s spokesperson, Atty. Paolo Panelo, said that after hearing the opinions of the court’s friends, or amici curiae, the Vice President’s team believes the voting threshold is a very dangerous issue.

“If that threshold is lowered, or becomes flexible, what it means is that the sitting president can simply file non-bailable cases against senators whom he expects, for example, will not vote in favor of a conviction,” Panelo explained.

Retired Chief Justices Artemio Panganiban, Reynato Puno, and Hilario Davide Jr., along with retired Associate Justice Adolfo Azcuna, will be consulted by the Senate court on 16 September.

The magistrates will discuss the issues surrounding the constitutional requirement of “two-thirds of all the members of the Senate” for conviction, which is 16 votes of the full 24-member Senate, or whether this may be adjusted due to the absence of four senators.

“To reduce the number of participating senators, or perhaps to force them to... what could happen is that they could either be jailed or go into hiding,” Panelo pointed out.

“Judges have their own opinions on how to interpret the Constitution. We respect that. But they should study it in the context of what is happening. That is why the voting threshold is being discussed,” he said.

It is not because the senators have a voluntary reason not to participate in this trial. It is involuntary because they have been charged with various cases, he added.

“So VP Sara’s position here is if those cases (against the absent senators) have merit, fine. But why should she be the one to suffer? Why should she be disadvantaged because of their cases?” Panelo said.

Panelo held that reducing the threshold would weaken the protection the Constitution provides.

“That is a protection for impeachable officers. You cannot simply file an impeachment complaint to remove you from office. You have the protection that at least 16 senators, or two-thirds of all the members, must vote to convict you and determine that what you did was truly impeachable,” he said.

DoJ can pursue Sara cases

Meanwhile, civil society leader, lawyer Howard Calleja, said the Department of Justice (DoJ) can still pursue criminal cases against Vice President Duterte despite the ongoing impeachment trial, noting that the two processes were separate.

Calleja made the statement on Saturday, during a discussion with Bicol Saro Rep. Terry Ridon on Duterte’s claim that the cases and impeachment proceedings against her were politically motivated.

Calleja said no legal barrier prevents the DoJ from filing criminal cases against the Vice President while the impeachment trial is ongoing, adding that such cases may also proceed after the impeachment proceedings.

Ridon, on the other hand, rejected Duterte’s claim that all the cases against her were political, saying the Vice President should instead answer for her own statements and actions.

Ridon also questioned the calls for President Ferdinand Marcos Jr. to resign, noting that Duterte, as Vice President, would constitutionally succeed Marcos should he leave office.

Calleja urged the authorities to consider filing cases against the individuals who testified on the use of the confidential funds, including Gina Acosta, Michael Poa and Lemuel Ortonio.

He maintained that the Vice President has no immunity from suit and cited former vice presidents who had faced legal cases.

Calleja said that government action against Duterte should be based on evidence rather than political considerations. He also urged the authorities to strengthen the security measures for Marcos amid the escalating political tensions.

Speaking ahead of the scheduled proceedings, Ridon urged the Vice President to demonstrate accountability by appearing before the trial body rather than avoiding the process.

“This is a challenge to the Vice President — she should show up on Monday,” Ridon said. He stressed that there was no valid excuse for her absence.

Ridon criticized the defense strategy of the Vice President’s camp, saying their stance undermines the country’s legal framework. He also expressed dismay over public statements made by a high-ranking government official questioning the integrity of Philippine courts.