Ex-ConCom member backs exclusion of detained senators from impeachment vote threshold

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The Senate impeachment court committed no constitutional violation in basing Vice President Sara Duterte’s conviction threshold on participating senators, a 1987 Constitution framer said.

“Yes, I think it's correct,” Christian Monsod, a member of the Constitutional Commission, told Super Radyo dzBB when asked if the impeachment did not violate any law with their ruling.

“During the constitutional commission, we could not foresee everything that would happen in the country. Nagkaroon ng plunder law, the plunder law said that those who are accused and detained, they suspended the power of those government officers,” said Monsod. “So suspended lahat ng kanilang power. So they are senators only in name, but no longer in substance. Kaya dapat hindi sila kasali sa denominator.”

(During the constitutional commission, we could not foresee everything that would happen in the country. A plunder law was enacted, and the plunder law stated that those accused and detained would have their powers as government officers suspended,” Monsod said. “So all of their power is suspended. They are senators only in name, but no longer in substance. That’s why they shouldn't be included in the denominator.)

The Senate impeachment court on Wednesday voted to base the two-thirds vote to convict the impeached Vice President Sara Duterte on the number of senators who are capable of "legally and factually participating in the impeachment proceedings."

The vote, in effect, set aside the ruling on July 6 by presiding officer Senator-judge Francis "Chiz" Escudero, who set the number of votes needed to convict at 16, or two-thirds of all the 24 senators.

Thirteen senator-judges voted in favor of the motion put forward by Senator-judge Erwin Tulfo, who sought reconsideration of the July 6 ruling after some senators became unavailable to participate in the impeachment trial.

“So the two-thirds ratio, that is unchangeable. But the denominator, it turns out, may be changeable and we did not foresee that this shall occur with the plunder law,” Monsod said.

“Kung fixed yung 16, we would have put it there?” he added.

“Our guideline was the 1935 Constitution. So ang amin lang pong binago ay yung three-fourths to two-thirds; we left it alone,” he also said.

The latest ruling by the Senate impeachment court would mean that the four absent senators won’t be allowed to participate in the voting even via teleconferencing.

Senators Jinggoy Estrada and Rodante Marcoleta are detained on plunder and other related charges due to their alleged involvement in flood control and undeclared campaign donations, respectively.

For his part, Monsod said that the senators who are charged with crimes shouldn’t be included in the count.

“They committed a crime. Therefore, they lost their powers as senators by committing a crime. So they should not be included in the counting of the denominator,” he said.

Senator Ronald "Bato" dela Rosa, meanwhile, remains at large amid a warrant of arrest from the International Criminal Court in connection with the previous administration's bloody drug war.

Senator Loren Legarda recently extended her medical leave abroad due to a lung condition.

In Legarda’s case, Monsod said that her presence in the deliberations must be taken into consideration.

“Yung Loren, we will see what happens and why she is absent. Because she participated in the deliberations before she left for that leave,” he said. —Vince Angelo Ferreras/LDF, GMA News