Metro Manila, Philippines – The Senate Impeachment Court has adopted a flexible vote threshold for convicting Vice President Sara Duterte, ruling that the required two-thirds vote will be based on senators who are “legally and factually” capable of participating when the vote is held.
The Impeachment Court approved the new interpretation on Wednesday, Sept. 23, after 13 senator-judges voted in favor of Senator-Judge Erwin Tulfo’s motion seeking a reconsideration of Presiding Officer Chiz Escudero’s earlier ruling that two-thirds or 16 votes were needed for conviction. Escudero voted against the motion.
While Tulfo’s appeal did not seek to change the two-thirds requirement, it centered on who should be counted among “all the members of the Senate” referred to in the Constitution.
Under the new ruling, the computation may exclude senators who are:
+ detained, suspended or otherwise legally restrained from exercising their functions;
+ being sought by authorities whose whereabouts are unknown;
+ physically or medically incapacitated;
+ beyond the Senate’s coercive powers; and
+ in other similar circumstances.
The court will determine, based on evidence, whether a senator falls under any of these circumstances. The remaining senators will form the basis for computing the two-thirds requirement.
Senators Jinggoy Estrada and Rodante Marcoleta are in detention for separate plunder charges, Sen. Bato dela Rosa is in hiding over an International Criminal Court arrest warrant, while Sen. Loren Legarda is on medical leave abroad.
If the computation results in a fraction, the required number of votes will be rounded up to the next whole number.
Escudero said the ruling applies only to the current impeachment case and does not establish a binding precedent for future impeachment proceedings. He also clarified that it is an interpretation of the court, not an amendment to its rules.
After the ruling, House prosecutor Chel Diokno said the decision does not make the prosecution’s task any easier as it works to build its case against Duterte.
“It never gets easier,” Diokno said, adding that the challenge remains regardless of the number of votes required for conviction.
Defense lawyer Michael Poa, meanwhile, said the defense respects the court’s decision but is considering possible legal remedies, including a move before the Supreme Court.
“Everything is on the table,” Poa said.
The ruling will govern the threshold when the court votes on the fate of Duterte, who is facing charges of grave threats, misuse of confidential funds, unexplained wealth, and bribery.
