Gatchalian: 13-1 vote doesn’t predict impeachment verdict

MANILA, Philippines — Senate President Sherwin Gatchalian on Thursday said the 13-1 vote on Wednesday to overturn the 16-vote threshold requirement for conviction is not indicative of how the senator-judges will eventually vote in the impeachment trial of Vice President Sara Duterte.

“No, that’s far from the truth. Because when it comes to the verdict, it’s about the evidence, it’s about the testimonies, it’s about how the prosecution and defense will present their cases,” Gatchalian said in an ambush interview.

He made the clarification after reporters asked if it was fair to presume that the 13 senators who voted to overturn the initial threshold ruling would also vote in favor of convicting Duterte.

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“That’s not yet the vote to convict. That’s also not yet the vote to acquit,” Gatchalian said.

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READ: Sara Duterte trial: Impeachment court amends threshold ruling

During Wednesday’s trial, he and 12 other senator-judges voted to base the two-thirds conviction threshold on the number of senators who are “legally and factually” capable of participating at the time of the vote.

This meant that instead of an automatic 16-vote threshold, the two-thirds requirement for the number of votes needed to convict Duterte will depend on the senator-judges physically present “as warm [bodies]” on the day of the verdict.

Presiding officer Sen. Francis “Chiz” Escudero was the lone senator-judge to vote against the move while six of the seven minority senators present, did not participate in the proceedings.

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Aside from Gatchalian, the 12 other senator-judges who voted in favor were Senators Bam Aquino, Juan Miguel Zubiri, Vicente Sotto III, JV Ejercito, Risa Hontiveros, Kiko Pangilinan, Lito Lapid, Panfilo Lacson, Erwin Tulfo, Raffy Tulfo, Joel Villanueva and Mark Villar.

“Let’s remember that there is still the defense team. It will be different once we get to the defense, because they will show that there is no basis for the allegations,” Gatchalian said.

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“So there’s still a long way to go. There are still several steps before we get to the verdict,” he added.

No change in threshold

In a press briefing at the House of Representatives, Batangas Rep. Gerville Luistro clarified that while the Senate impeachment court’s ruling allowed a lower vote requirement to convict Duterte, it did not change the conviction threshold itself.

Luistro was asked whether the impeachment court’s decision on Wednesday meant that a lower threshold to convict Duterte is now allowed. However, the lawmaker—also the lead public prosecutor for Duterte’s impeachment trial—clarified that the 1987 Constitution’s two-thirds requirement for conviction still stands.

“The threshold was not lowered, two-thirds remains two-thirds. The Honorable Impeachment Court only enlightened us as to who will be part of the denominator, by giving clarity to the phrase ‘all members of the Senate,’” she said.

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“And their answer was, this pertains only to those who are legally and factually present or qualified. By saying so, those who are detained are excluded from voting, along with those suspended, those who are in hiding and running from the law,” she added. —With a report from Gabriel Pabico Lalu