House prosecutor Leila de Lima is expected to lead the prosecution panel during the oral arguments before the Senate Impeachment Court on Wednesday, Sept. 23, regarding the interpretation of the two-thirds conviction threshold under the Constitution.
Prosecutor Chel Diokno said the prosecution will present its position on the threshold issue but recognizes the authority of the impeachment court to resolve the matter. He said the prosecution will respect whatever ruling the court issues.
Diokno also cited views expressed by retired Supreme Court justices on the issue, saying the opinions of former chief justices were more “realistic” for the prosecution team.
He specifically praised retired Chief Justices Artemio Panganiban, Reynato Puno and Hilario Davide Jr. for their discussions, saying it was evident they had studied the issue carefully.
However, Diokno clarified that the prosecution is not building its case around a numerical voting threshold.
Instead, he said the team is focused on presenting strong evidence that could convince the impeachment court.
Diokno also said the prosecution would not object if the senator-judges decide they need more time before voting on the threshold issue after hearing the arguments.
The oral arguments are scheduled as the Senate Impeachment Court considers how the constitutional two-thirds conviction requirement should be interpreted in the impeachment proceedings.