What minority senators said in rejecting impeachment conviction threshold vote

MANILA — Senator-judges of the minority bloc on Wednesday explained why they rejected a motion for the court to vote on whether the threshold for Vice President Sara Duterte’s conviction should remain at 16.

They said the Constitution requires the votes of two-thirds of “all members,” and that the Senate as an impeachment court cannot amend it. 

The senators voted to revise the 16-vote threshold to convict a respondent in an impeachment case, making the phrase “all members of the Senate” mean those who, at the time of vote, remain legally and factually capable of participating in the impeachment proceedings.

This excludes members who are detained, suspended, or otherwise legally restrained from exercising their function.

Sens. Alan Peter Cayetano, Pia Cayetano, Bong Go, Imee Marcos, Robinhood Padilla, and Camille Villar did not participate in the voting.

Before this, Minority Leader Alan Cayetano raised a point of order regarding the proposal for the Senate to vote on whether the voting threshold should remain at 16, as earlier ruled by trial presiding officer Francis “Chiz” Escudero. 

Cayetano’s appeal was lost. Minority senators, who voted against the proposal, explained their side.

In her explanation, Sen. Imee Marcos said that the Constitution has set the rules for the impeachment court, and that “the majority bloc cannot change it for their liking.” 

She stressed that Escudero ruled on the matter when the impeachment trial began on July 6 and that the Rules of Court state that a Petition for Certiorari may only be filed within 60 days.

The court is discussing the voting threshold 79 days after Escudero’s ruling, she said. 

The senator also cited Rule 33, Section 91 of the Rules of the Senate, which states that a Motion for Reconsideration may be filed on the same day it was decided or within two session days. 

“Binibigyang-kahulugan pa ba natin ang Saligang Batas o inaangkop lang natin ang constitutional threshold upang umayon sa mga botong mayroon tayo?” Marcos said. 

(Are we upholding the Constitution or are we just adjusting the the constitutional threshold according to the number of votes we have?)

She reminded her colleagues that the court’s decision on lowering the denominator based on present senators may set a precedent that the constitutional threshold may be lowered for future issues that require voting from Congress. 

Meanwhile, Sen. Camille Villar stressed that the constitutional framers required two-thirds to impeach an official, “to make it difficult or challenging for this process to take place.”

“Every Filipino ay may karapatan para sa due process, katarungan, pantay na pagtrato at proteksiyon ng kanilang pangunahing karapatan,” she added. 

(Every Filipino has the right to due process, justice, equal treatment and protection of their basic rights.)

Sen. Robin Padilla also underscored that the Constitution itself laid out the rules for amending it, which would require a constituent assembly or convention and ratification by the people.

“Bakit po hindi ganito ang ating tindig hingil sa voting threshold dito sa impeachment?” he said. 

(Why is that not the position on the voting threshold in an impeachment trial?)

Padilla further reminded the court of the Senate divide created by the meaning of the term “forthwith” last year, after the first Articles of Impeachment against Duterte were transmitted to the Senate, saying many were very literal about their interpretation of it.

Sen. Bong Go, who shared the earlier sentiments, added that the Constitution does not remove senators who are absent or under detention from the institution. 

“Who are we to qualify what the Constitution itself did not? Para na rin nating in-amend ang Constitution through interpretation,” he said, noting that some of the senators absent from the impeachment trial have expressed intent to participate. 

The court tackles the issue of the voting threshold as four of its members fail to attend impeachment proceedings. 

Sen. Ronald “Bato” Dela Rosa remains in hiding following the International Criminal Court’s issuance of an arrest warrant against him, while Sens. Rodante Marcoleta and Jinggoy Estrada are detained for plunder cases. 

Sen. Loren Legarda is still on medical leave.