Impeachment court revises 16-vote conviction threshold in Sara Duterte trial

MANILA (UPDATE) — Senators voted Wednesday to revise the number of votes required to convict Vice President Sara Duterte in her impeachment trial.

The upper chamber voted on an appeal by Sen. Erwin Tulfo, who challenged presiding officer Sen. Francis Escudero’s earlier ruling that at least 16 votes were required for conviction, given that four senators had been largely absent from the proceedings.

The earlier 16-vote threshold represented two-thirds of the 24-member Senate, as required under Section 3(6), Article XI of the 1987 Constitution, which states: “No person shall be convicted without the concurrence of two-thirds of all the Members of the Senate.”

Thirteen senators voted to grant Tulfo’s appeal, while Escudero cast the lone dissenting vote. Six senators — Alan Peter Cayetano, Pia Cayetano, Christopher “Bong” Go, Imee Marcos, Camille Villar and Robin Padilla — did not participate in the vote. 

“The ayes have it. The appeal is won,” Escudero said.

Under the new rule, the Senate impeachment court interprets “all members of the Senate” in the constitutional provision as referring to “those members who at the time of the vote, remain legally and factually capable of participating in the proceedings,” Escudero explained.

He said the computation shall exclude members who are: 

• Detained, suspended, or otherwise legally restrained from exercising the functions of a senator 
• Persons sought by authorities whose whereabouts are unknown
• Suffering from a physical or medical incapacity
• Beyond the coercive processes of the Senate 
• Other similarly situated 

But Escudero said, “This ruling and interpretation of the court shall operate pro hac vice or for this occasion only.”

“It shall not constitute to a binding precedent in any future impeachment proceedings,” he said.

If the computation of two-thirds results in a fraction, “the number of votes required for conviction shall be rounded up to the next higher whole number,” Escudero added.

Earlier in the day, the prosecution and defense panel presented their positions on the matter, with prosecutor Rep. Chel Diokno highlighting the importance of senator-judges’ active participation in an impeachment trial, among other arguments.

Duterte’s lawyer Michael Poa warned that changing the 16-vote conviction threshold while the trial was underway would raise questions about whether Duterte was being afforded due process.

Poa also said Duterte’s camp could bring up the issue before the Supreme Court.

After Escudero delivered the ruling, lead defense lawyer Sheila Sison said Duterte’s participation in the trial would be made “ad cautelam” or with caution.

Duterte will also “reserve every right to exhaust all legal remedies available sa ilalim ng ating batas at Konstitusyon,” Sison said.

Sen. Ronald dela Rosa has not attended the proceedings as he remains in hiding while being wanted by the International Criminal Court for his role in former President Rodrigo Duterte’s drug war.

Senators Jinggoy Estrada and Rodante Marcoleta have been detained over plunder cases, while Sen. Loren Legarda is on medical leave. 

The issue on the conviction threshold even prompted the impeachment court to seek legal advice from four retired Supreme Court justices deemed amici curiae or “friends of the court.” — With a report from Rowegie Abanto, ABS-CBN News