Eastern Visayas legal experts weigh in on impeachment vote threshold

TACLOBAN CITY — A group of law professors, former law deans, and current and former Integrated Bar of the Philippines (IBP) presidents in Eastern Visayas asked the Senate impeachment court to set the voting threshold in the impeachment trial of Vice President Sara Duterte at 14, instead of 16.

In a Sept. 17 letter to Senate President Sherwin Gatchalian, the group challenged Senate impeachment court presiding officer Francis Escudero’s ruling that 16 affirmative votes are needed for conviction

The group said the constitutional requirement of a two-thirds vote of all Senate members should be based on senators who are actually sitting in the impeachment court and able to perform their duties.

Article continues after this advertisement

Article XI, Section 3(6) of the 1987 Constitution provides that conviction in an impeachment case requires the concurrence of two-thirds of all members of the Senate.Escudero ruled on July that 16 votes are required because the Senate has 24 members. The ruling is now under reconsideration, with the impeachment court scheduled to hear oral arguments on the voting threshold on Sept. 23.

FEATURED STORIES

NEWSINFO

NEWSINFO

NEWSINFO

The group said Senators Jinggoy Estrada, Rodante Marcoleta, and Ronald “Bato” dela Rosa should not be counted because they are not participating in the proceedings.

Estrada and Marcoleta are detained in connection with separate plunder cases, while dela Rosa, facing an arrest warrant from the International Criminal Court has been absent from the Senate.

Excluding the three would leave 21 participating senators, making two-thirds equivalent to 14 votes, the group said.

“The 2/3 votes should be based on the ‘sitting’ senators who have taken their oath and who are not suspended from performing their duties and obligations,” the group said.

Article continues after this advertisement

According to the group, counting senators unable to participate could affect Duterte’s constitutional rights to due process and equal protection.

The 14-vote proposal is among several legal interpretations being considered by the impeachment court, which is expected to resolve the voting threshold before proceeding with the substantive issues in Duterte’s impeachment trial. /gsg