00:00Your Honours, the Supreme Court has reminded us time and time again that when the law is clear, there is
00:08no room for interpretation.
00:10There is only room for application.
00:14Now, with those words in mind, perhaps, Your Honours, we should not complicate what the Constitution has made simple.
00:23The issue confronting us today boils down to one question.
00:27How many votes to convict?
00:30The answer of the defense is straightforward and simple.
00:3416.
00:35Bakit po 16?
00:37Simulan po natin sa procedural aspect.
00:41Last July 6, 2026, on the very first day of trial, the presiding officer ruled that the voting threshold to
00:49convict is 16.
00:52At that time, no senator judge objected.
00:55No senator judge sought reconsideration.
01:00No senator judge appealed.
01:02Your Honours, that was over two months ago.
01:07Thereafter, witnesses were able to testify.
01:11Evidence was presented.
01:21So, bago po natin pag-usapan yung nilalaman ng saligang batas, marahil, dapat rin po natin itanong, tama pa bang
01:31buksan muli ang issue na ito at pagbotohan?
01:34Because, Your Honours, reading the rules on impeachment, under Rule No. 6, wala nga pong nilagay na time frame within
01:44which a motion for reconsideration can be considered.
01:48Naturally, because that should have been brought up at the earliest opportunity, after mabigay po yung ruling.
01:56Pero hindi po nangyari yun.
01:59Masahin rin po natin yung mga rules that have suppletory effect to these proceedings.
02:06For example, yung Senate rules po.
02:09Rule 33 gives a senator two session days within which to seek reconsideration for a measure that has been approved.
02:18Obviously, legislative po yung function na yun.
02:22Pero kahit ipilit po natin yung rule na yun dito sa impeachment proceedings, lumipas na po yung two session days.
02:31Pasong-paso na po.
02:33Now, let's look at the rules of court, for example, where parties are generally given 15 calendar days to file
02:39a motion for reconsideration.
02:42Kahit po yun, matagal na pong lumipas.
02:45Pasong-paso na rin po.
02:46And forgive me for going into the more technical aspect.
02:51Even if we were to consider the ruling of the presiding officer as an interlocutory order which the court may
03:00modify upon a finding of sufficient grounds.
03:04Para po sa depensa, hindi na rin po applicable yun dahil wala naman pong sufficient ground.
03:11Wala pong supervening event.
03:13Ang punto po namin, wala naman pong nagbago mula July 6, 2026 hanggang ngayong araw.
03:21Yung mga sinasabi po natin na mga senador na hindi nakapag-participate, of course, with the exception of Senator Legarda,
03:30ay hindi na rin po nakapag-participate noong July 6 bago pa na issue yung ruling.
03:35So one thing is clear, nothing in the rules suggests that the ruling of the presiding officer may be challenged
03:44indefinitely or modified arbitrarily.
03:48Because, Your Honors, kung ganun ang ating magiging panuntunan, eh di pati po yung ruling doon sa pag-issue ng
03:56subpina sa mga bank records ay pwede pa rin palang buksan muli at pagbotohan.
04:02Yun palang mga ruling ng presiding officer sa bawat objeksyon ay pwede pa rin balikan.
04:08Your Honors, that should not be done because the parties must be able to rely on the rulings of the
04:16presiding officer.
04:18Otherwise, Your Honors, that will run contrary to the basic principle of what is an orderly conduct of a fair
04:27trial.
04:28Now, more significantly, kung ibababa po natin yung voting threshold, when trial is already underway, in fact, nasa kalagitnaan na
04:40po tayo,
04:41Your Honors, that will go beyond the procedural.
04:44That will already raise questions if the respondent vice president is being afforded due process guaranteed by the Constitution.
04:55Due process, which according to the Supreme Court in Duterte v. H.O.R., must be present in every stage
05:04of the proceeding.
05:06At kahit isang tabi muna natin yung mga procedural concerns na iyan, pareho pa rin po yung sagot namin, 16.
05:14Let's now proceed to the substantive aspect, and we will be raising five quick points.
05:32Thank you very much.
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