Paolo Duterte: Let Supreme Court decide if impeachment threshold rule legal

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Davao City Representative Paolo Duterte questioned Wednesday the legality of the Senate impeachment court's decision to base the two-thirds vote to convict his sister, Vice President Sara Duterte, on the number of senators who are capable of participating in the trial proceedings.

With 13 yes votes, one no vote, and six non-participants, the Senate impeachment court effectively set aside an earlier ruling that placed the votes needed to convict the vice president at 16. The voting threshold is still two-thirds, but absentee senators will no longer be counted.

"Is it within its authority as the impeachment court? But the bigger question remains—does that interpretation conform to the Constitution? The Constitution says conviction requires the concurrence of two-thirds of ALL the Members of the Senate," Paolo Duterte said.

The vice president's lead defense counsel, Sheila Sison, manifested before the impeachment court that her client will exhaust all legal remedies following the senator-judges' ruling.

Under the 1987 Constitution, the Senate has the sole power to try and decide on all impeachment cases.

Sharing their expert views as amici curiae as invited by the Senate impeachment court, three former Supreme Court chief justices said the meaning of two-thirds under Senate rules is not rigid to mean 16, and can be changed by senator-judges.

However, the Davao City congressman said that with the Senate voting what is meant by "all members" meant, it also raised a constitutional question.

"If the affected party chooses to bring that question before the Supreme Court, then let the High Court decide whether the Senate's interpretation is consistent with the fundamental law," Duterte said.

"At the end of the day, positions in government are temporary. The Constitution is not," Duterte said.

Senator-Judge Erwin Tulfo clarified that the threshold was not changed per se. If an absentee senator opted to show up on the day of voting, they will be counted in the computation of the two-thirds.

Senators Rodante Marcoleta and Jinggoy Estrada are currently detained at the Quezon City Jail for separate plunder charges. Senator Loren Legarda is on extended medical leave, while Senator Ronaldo "Bato" dela Rosa has been missing following the issuance of an arrest warrant against him by the the International Criminal Court. — VDV, GMA News