In the ongoing impeachment trial of Vice President Sara Duterte, the Senate has decided to invite amici curiae, or 'friends of the court,' to assist in clarifying legal complexities surrounding the voting threshold for conviction.
What Are Amici Curiae?
Amici curiae are individuals or groups who offer information and expertise to a court, particularly in cases involving challenging legal questions. While they do not have a direct stake in the case, their insights can help illuminate aspects of the law.
Amici curiae assist the court in resolving difficult, novel, or highly significant legal issues.
Atty. Nilo Divina, Dean, University of Santo Tomas Law School
The practice of inviting amici curiae is rooted in various legal frameworks, including the Internal Rules of the Supreme Court. Section 10 states that the court may invite them if deemed necessary.
Senate impeachment tribunal presiding officer Francis 'Chiz' Escudero emphasized the importance of these legal advisors, hoping their expertise would guide the court's deliberations.
In previous cases, the Supreme Court has called upon amici curiae to provide clarity on matters such as budget allocations and public health funding.
During the impeachment trial, Escudero noted that consultations with both prosecution and defense teams would guide the selection of amici curiae. Their involvement is scheduled for September 16, with oral arguments following on September 23.
The Senate's decision to include amici curiae comes amid debates over the necessary votes for a conviction, particularly as some senators have been absent during the proceedings. The 1987 Constitution mandates that no conviction can occur without the concurrence of two-thirds of all Senate members.