House prosecution spokesperson Robert Ace Barbers said Sunday that President Ferdinand Marcos Jr. should remain neutral in the Senate impeachment trial of Vice President Sara Duterte and allow senator-judges to decide the case based on evidence.

Barbers said the executive and legislative branches have separate functions and that Marcos should avoid intervening in a proceeding before the Senate.

His admonition invited questions on social media on whether the President or his government has been moving behind the scenes to pressure senator-judges into convicting the vice president.

The administration’s actions against Duterte allies have heightened those suspicions.

The government’s move to turn over Sen. Ronald “Bato” dela Rosa to the International Criminal Court, along with the jailing of Senators Rodante Marcoleta and Jinggoy Estrada over plunder allegations, has fueled concerns about the use of state institutions against political opponents.

Although the cases are being handled through separate legal processes, their political implications are difficult to ignore. In the impeachment trial, the issue is not simply how many senators are present but how the Constitution’s two-thirds requirement should be applied.

Sixteen to convict

Senate President Francis “Chiz” Escudero, presiding over the impeachment court, earlier ruled that at least 16 affirmative votes — two-thirds of the 24-member Senate — are needed to convict Duterte.

Article XI, Section 3(6) of the 1987 Constitution states that no person shall be convicted without the concurrence of “two-thirds of all the Members of the Senate.”

The ruling is being challenged after several senators became unable to participate fully in the proceedings, including those detained or otherwise unavailable. Some senator-judges have questioned whether the voting base should instead be limited to senators actually sitting as judges.

The Senate impeachment court has invited so-called friends of the court, or amici curiae, to weigh in before the senator-judges decide whether to retain or lower the threshold.

Retired Chief Justices Artemio Panganiban, Reynato Puno and Hilario Davide Jr., as well as retired Supreme Court Associate Justice Adolfo Azcuna, have been asked to provide legal guidance.

Panganiban, Puno and Azcuna are expected to appear before the Senate on 16 September. Davide will submit a legal memorandum. The court is scheduled to hear oral arguments from the prosecution and defense on 23 September before the senator-judges vote on the matter.

Zip it

The dispute has sharpened concerns about the political stakes of the trial. A lower threshold could make conviction easier, while retaining the 16-vote requirement could make it more difficult to remove Duterte, particularly if absent senators are counted in the total.

“For me, he should not intervene because the position of the President is that he will not meddle in these impeachment proceedings, and let the senator-judges decide because the executive is independent from the legislative,” Barbers said.

He said the President should “trust the process” and respect the decision of the impeachment court regardless of political alliances.

“Senator-judges must rest their decision on the weight of the evidence. So for me, the President no longer needs to speak about his opinion regarding this,” Barbers said.

The issue of Marcos’ involvement resurfaced after Duterte renewed her call for the President’s resignation during a rally in Quezon City on 11 September.

“Get out of there. You are a liar, you’re abusive, and corrupt,” Duterte said. “Remember, we will continue to call for the removal of the problem plaguing our country, and that problem is Bongbong Marcos.”

Busy body?

Her remarks came after she posted bail in connection with three counts of grave threats allegedly directed at Marcos, First Lady Liza Araneta-Marcos and former House Speaker Martin Romualdez.

Marcos and Duterte, once political allies, have since become bitter rivals, with the Vice President accusing the administration of using state authorities to target her allies.

Marcos has repeatedly said he would not interfere in the impeachment proceedings. When the trial began on 6 July, Palace Press Officer Claire Castro said the President had “more work to do” than monitor the Senate hearings.

Castro later criticized senator-judges whom she accused of acting like Duterte’s defense lawyers because of their questions to witnesses.

“Senator-judges should not be debating with witnesses because their mandate is to seek the truth for the public, not to sweep away the law, sweep what the people need to know just to cover up for the alleged misconduct of others,” Castro said.

She also criticized Sen. Pia Cayetano over a video concerning public prosecutor Rep. Chel Diokno, saying officials should avoid spreading material that could mislead the public.

Meanwhile, public prosecutor Rep. Terry Ridon said Duterte could not invoke the right against self-incrimination if summoned to testify in her impeachment trial.

‘Trigger point’

Ridon said the protection applies to criminal proceedings, while impeachment is a “sui generis, political, constitutional, and legal proceeding.”

His remarks followed the prosecution panel’s reservation of its right to request a subpoena for Duterte after completing its presentation of evidence on the four impeachment articles.

Private prosecutor Atty. Lorna Kapunan said Duterte’s testimony could help clarify the allegations and give her an opportunity to prove her innocence.

Ridon said her appearance could clarify details involving the articles of impeachment, whether she is called by the prosecution or presented by the defense.

Duterte’s spokesperson, Atty. Paolo Panelo, said her defense lawyers were waiting for a “trigger point” before recommending that she testify.

He said the lawyers would consider her appearance if the prosecution presented evidence requiring her clarification, but added that no such point had emerged.

Duterte has appeared at the Senate only once since the trial began, on 7 July, when she briefly met with her lawyers.