Azcuna: Every senator must be included in two-thirds impeachment conviction threshold

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Retired Supreme Court Associate Justice Adolfo Azcuna on Wednesday said that as long as a Senator is a member of the Senate, "he has to be included in the two-thirds denominator."

Azcuna made the comment on Day 26 of the impeachment trial of Vice President Sara Duterte as former Supreme Court (SC) chief justices gave their thoughts on the constitutional voting threshold required to convict an impeachable official.

Azcuna said that "the only exception" is if a senator dies, if he is removed from office or if he resigns.

"As long as he is a member of the Senate he has to be included in the two-thirds denominator. The only exception is if he dies, if he is removed from office or if he resigns. No more," Azcuna said.

"Whether or not a senator-judge who did not attend or substantially participate in the impeachment proceedings asked among others profound questions to and observed the demeanor of witnesses may nevertheless validly cast a vote on the final question in an impeachment trial," Azcuna said.

Azcuna, however, said Senate can implement specific rules on this since this is an internal matter.

"This is an internal matter for the Senate to decide; according to a rule, it may adapt on this basis," Azcuna said.

Azcuna said the wording of the concurrence requirement is "not a technicality or an accident in drafting." He expressed belief that it prevents the impeachment from becoming a "routine weapon of partisan competition."

Also present at the Senate impeachment court on Wednesday were Former Supreme Court (SC) chief justices Artemio Panganiban, Hilario Davide, and Reynato Puno as amici curiae.

They were heard by the Senate impeachment court to hear their expert views on what should be the voting threshold needed for the conviction of an impeachable official. —VAL, GMA News