Sara Duterte trial: Defense stands firm on 16-vote conviction threshold

Defense lawyer Michael Poa says the 'language of the Constitution is clear' on the basis for the voting threshold in impeachment cases

MANILA, Philippines – The defense counsel of Vice President Sara Duterte stood firm the baseline for the voting threshold for her conviction should include the 24-membership of the Senate. 

During the oral arguments on Wednesday, September 23, defense lawyer Michael Poa argued the Constitution is clear that the voting basis should be anchored on the entire Senate membership and may only be changed in case of vacancy in the upper chamber. 

Poa said a senator-judge’s absence or non-participation doesn’t create a vacancy and should not affect the denominator for the voting threshold. He further said the defense believes absent senator-judges may still vote and review transcripts and records of witnesses’ testimonies in making an impartial decision. 

“If we were to lower the threshold here, we will not be lowering the threshold in a vacuum. May consequences po yan. Maraming Constitutional provisions na maapektuhan. For example, pag-extend or revoked ng Martial Law, pag-expel ng member ng Senado, at most importantly, pag-amyenda ng Saligang Batas,” Poa added. 

(If we were to lower the threshold here, we will not be lowering the threshold in a vacuum. These are consequences and a lot of Constitutional provisions will be affected such as the extension or revocation of Martial Law, expulsion of a senator, and most importantly, by amending the Constitution.)

“Are we also going to adjust the threshold to those provisions? Because if we were to do that, hindi na threshold ang tawag dun, moving target na para sa mga taong gustong mag-benefit sa consequences,” he said. 

(Are we also going to adjust the threshold to those provisions? Because if we were to do that, that is not a threshold but a moving target for people who will benefit from the consequences.)

Article XI, Section 3 (6) states that no person shall be convicted without the concurrence of two-thirds of all the members of the Senate.