After the house of representatives voted to impeach Vice President Sara Duterte last May 11, the motion now moves into the senate for the impeachment trial starting this July 6. With the number of active senators raising concern over the past months for senate proceedings, questions surrounding the vote threshold arise nearing the trial.
THE CONSTITUTION
Article XI, Section 3(6) of the 1987 Philippine Constitution under Accountability of Public Officers states that two-thirds of all the Members of the Senate should concur to convict a person facing a trial for impeachment. With a standard seat of 24 senators in office, 16 votes are needed to convict and impeach an official in trial.
AMIDST THE ABSENCES
Senator Ronald “Bato” Dela Rosa remains in hiding since his escape from the Senate building last May 14 from an International Criminal Court (ICC) warrant. Meanwhile, detained Senator Jose “Jinggoy” Estrada faces a 90-day suspension from office following his non-bailable plunder and graft charges. Despite the two absences from office, then-Senate President Pro Tempore and now Senate President Sherwin “Win” Gatchalian affirmed on June 10 that the Senate will uphold the 16-vote threshold for Duterte’s impeachment trial.
Gatchalian mentions that the constitution’s threshold shall be “faithfully observed” and that their duty is to follow the Constitution. “With the Senate’s membership fixed at 24, the conviction threshold is 16 votes, and it will remain 16 votes regardless of how many senators attend the trial, which bloc controls the chamber, or who presides over the impeachment court,” he added.
Despite being elected as Senate President Pro Tempore by a 12-person quorum earlier on June 3 following the Avelino doctrine, the process does not apply to the impeachment court as two-thirds of “All” the Members of the Senate are needed to vote for full conviction.
Ongoing discussions between political figures still surround the validity of the 16-vote threshold when two senators are currently unable to participate physically after facing legal challenges and arrests.
IMPEACHMENT AT PRE-TRIAL STAGE
The impeachment process continues with the pre-trial proceedings between the prosecution and Duterte’s defense team to present facts, issues, witnesses, and evidence starting last June 18. The pre-trials will continue today, June 22, on its second day of discussion and is expected to end today or on Tuesday, June 23.
Duterte’s impeachment trial hearing will officially start on July 6 and will proceed every Monday, Tuesday, and Wednesday thereafter at 2 P.M.
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