Impeach court spox: 11 votes can scrap ‘16-vote’ conviction threshold

MANILA, Philippines — The spokesperson of the Senate impeachment court holding the trial of Vice President Sara Duterte clarified that at least 11 votes, including that of the presiding officer, are needed to nullify an earlier ruling that set the threshold for conviction at 16 votes.

That is, if the court will continue to see the absence of four senators—two of them detained due to criminal cases, one a fugitive facing arrest, and another on medical leave since Aug. 3—and maintain the total number of participating senator-judges at 20.

Court spokesperson Reginald Tongol on Saturday said the presiding officer, Sen. Francis “Chiz” Escudero, had sent word that he intended to cast his vote on the matter—contrary to Tongol’s earlier statement that Escudero would no longer vote.

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READ: 4 retired SC justices giving views on ‘2/3’ conviction vote

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This would bring the total number of senator-judges able to vote at 20 in the absence of four senators, pegging the majority vote at 11, Tongol said in an interview on dwIZ.

Guidance from ex-justices

The four senators unable to attend are Ronald “Bato” dela Rosa, who has been in hiding since the issuance of an arrest warrant from the International Criminal Court; Jinggoy Estrada and Rodante Marcoleta, who are both facing the nonbailable charge of plunder before the Sandiganbayan; and Loren Legarda, who has been abroad on extended medical leave.

“I was informed by our presiding officer and the clerk of court that, based on their assessment, the presiding officer would also be voting on the matter,” Tongol said, adding:

“In the ordinary course of Senate proceedings, the Senate President typically does not vote; the other members are the ones who cast their votes. [But] the presiding officer discussed this at length … And he decided to take this direction by voting on the question (of threshold).”

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The court on Thursday asked four retired Supreme Court justices to serve as amicus curiae, or “friends of the court,” to share their views on the constitutional provision stating that conviction in an impeachment trial requires the vote of at least the two-thirds of “all senators.”

Expected to attend the court session on Sept. 16 are retired Chief Justices Artemio Panganiban, Reynato Puno, as well as retired Associate Justice Rodolfo Azcuna. Retired Chief Justice Hilario Davide, Jr., however, may able to attend only through videoconference.

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Another session set for Sept. 23 will hear the oral arguments of the House prosecution team and Duterte’s defense lawyers. /cb