This Cebuano (1) presided over the country’s first impeachment trial, (2) was himself twice targeted for impeachment, (3) had written the bulk of the 1987 Constitution that created, among others, the mechanism of impeachment and (4) is now an amicus curiae in VP Sara trial. What will he tell the Senate court?
From presiding officer to Senate court’s “friend”
The Senate impeachment court appointed Hilario G. Davide Jr. of Argao, Cebu -- with three other retired magistrates Artemio Panganiban, Reynato Puno and Adolfo Azcuna -- as amici curiae (pronounced uh.mai.kai kyur.ee.ai) or “friends of the court” in the trial of Vice President Sara Duterte-Carpio.
They will advise the Senate court in resolving the issue of voting threshold, namely, whether a two-thirds vote of the full 24-member Senate -- or 16 votes -- is required to convict VP Sara.
The three other consultants will personally appear before the Senate on Wednesday, Sept. 16, 2026, but Davide will submit a legal memorandum.
What will Davide tell Senate court?
Before reading it down here, this is why he deserves to advise as friend of the impeachment court…
He has “unique, iconic place in history.”
Davide did/has done four things, all related to impeachments:
— Then SC chief justice Davide and Senate president Aquilino Pimentel Jr. (left) at the impeachment trial of President Joseph Estrada in 2000-2001 (right).
— twice struck in 2003 with impeachment complaints as
Supreme Court chief justice and both failed;
— he was one of the members of the Constitutional Commission that produced the 1987 Constitution.
— The other two Cebuanos in the Concom that wrote the 1987 Constitution: Regalado Maambong (right) and Nap Rama (left).
Original Constitution framer
Davide was one of 48 members of the Constitutional Commission of 1986, convened by then President Corazon Aquino. He was one of three from Cebu. The 1987 Constitution the commission wrote was adopted in a plebiscite on Feb. 2, 1987.
Aside from Davide, members from Cebu were journalist Napoleon G. Rama, who was floor leader; and Regalado E. Maambong, described as “jurist, law professor and politician.”
Rama died in 2016 at 92 and Maambong in 2011 at 72.
Davide will be 91 this Dec. 20.
Davide experience: more than law
Which is the minimum number of votes in order to convict the impeached vice president, a highly disputed issue in the Senate court and in the court of public opinion.
Davide, a lawyer who earned his bachelor of laws degree at UP Diliman in 1959, taught law at Southwestern University (1962-1968) as he did his private practice of law, served as private secretary to the Cebu governor (1959-1963).
He was elected Cebu fourth district delegate to the 1971 Constitutional Convention.
Was appointed by Corazon Aquino as Comelec chairman in 1988 and led the presidential fact-finding commission that investigated the 1989 military coup attempts.
Became associate justice of the Supreme Court in January 1991 and elevated to 29th chief justice in November 1998.
By then President Erap Estrada, whose impeachment trial in the Senate Davide would preside in 2001.
His post-retirement work and recognition included serving as permanent representative of the Philippines to the United Nations (UN) and vice president of the UN General Assembly and awardee of the 2002 Ramon Magsaysay Award for Government Service.
Ah but the public, if not the Senate court, must already know Junjun Davide’s position on the issue of magic number to acquit or convict
Davide’s position, as disclosed in public statements, has these key points:
■ Total membership: “of all the members” means all, no matter if some members had not attended the trial or had not seen and evaluated the evidence.
■ Numbers: 16 votes are strictly necessary for a guilty
verdict; thus seven votes are enough to block a conviction and secure an acquittal.
Will Davide latch on to “16”?
Senator-judges and the public may watch out for some modification of his stand but won’t be surprised if he presents fresh arguments directed at the flak it has been getting.