Calleja: VP conviction vote threshold could drop to 13 with 20 senators

MANILA, Philippines – The number of votes needed to convict Vice President Sara Z. Duterte could fall to 13 if only 20 senators are legally able to function and participate as senator-judges when the impeachment court renders judgment, according to one interpretation of the Constitution being advanced outside the prosecution panel.

“We are applying two-thirds kasi tignan po natin ang batas, concurrence of two-thirds of all members. Hindi sinabing 16, hindi sinabing 24. So, movable po yung number ng two-thirds, movable din yung number ng all members,” lawyer Howard Calleja stressed during the Saturday News Forum at Dapo Restaurant in Quezon City.

Calleja argued that the denominator should change when senators are legally or practically unable to function as members of the impeachment court, rather than automatically treating the full 24-member Senate as the base.

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“So, tatlo na po yan. So, 21 so, ano ho ang two-thirds ng 21? So, doon po tayo titingin kung 13 po yan o 14,” Calleja explained.

He proceeded to calculate the requirement based on only 20 senators participating in the court.

“So, kung yan ay 20, I think at 20 is 13 na po,” Calleja stressed.

The House prosecution’s present position remains that 16 votes are required for conviction, consistent with the initial ruling of the impeachment court’s presiding officer, while the Senate is preparing to hear constitutional experts before reconsidering the issue.

The court has invited former Supreme Court (SC) justices to discuss the constitutional phrase requiring concurrence of two-thirds of all members of the Senate before senator-judges take up oral arguments on the disputed threshold.

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“So ang aking bilang po diyan is depende po kung sino ang present and functional senators na makakapag-participate doon po sa impeachment court,” Calleja explained.

He stressed that his interpretation treats the constitutionally required fraction as variable according to the number of senators actually capable of exercising their functions when judgment is rendered.

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“So ganoon po yung bilang po dyan. So it’s a moving number kasi as I said, hindi naman nilagay ng Constitution 16, hindi naman nilagay ng Constitution 24,” Calleja maintained.

The Senate impeachment court will ultimately determine whether to retain the present 16-vote rule or adopt another interpretation before Duterte’s case reaches a final vote.