The Philippine Senate, sitting as an impeachment court, voted Wednesday to abandon a fixed 16-vote threshold for convicting Vice President Sara Duterte, ruling that the constitutional two-thirds requirement applies only to senators capable of participating in the trial.
Senator-judges voted 13-1 for the new interpretation, with six Duterte allies abstaining. Presiding officer Sen. Francis Escudero cast the lone opposing vote.
Under the current composition of the impeachment court, the ruling effectively lowers the number of votes needed to convict Duterte from 16 to 14.
The threshold, however, will depend on the number of senators who remain legally and factually capable of participating when the court votes on the verdict.
Escudero said the decision would serve as the “controlling ruling” of the impeachment court going forward.
“While the chair takes exception to this decision, the chair nonetheless accepts it as a judgment of this court and is bound to give it effect,” said Escudero.
The ruling followed oral arguments from the prosecution and Duterte’s defense over the constitutional requirement that conviction must have the concurrence of two-thirds of “all members of the Senate.”
The impeachment court decided that the provision refers only to senators “capable of participating.”
The computation will exclude senators who are detained, suspended or otherwise legally restrained from performing their functions.
It will also exclude persons sought by authorities whose whereabouts are unknown, those suffering from physical or medical incapacity, those beyond the coercive processes of the Senate and others similarly situated.
Several senators have been absent from the impeachment proceedings.
Sens. Jinggoy Estrada and Rodante Marcoleta are detained amid separate plunder charges, while Sen. Ronald “Bato” dela Rosa has been in hiding amid an arrest order from the International Criminal Court.
Sen. Loren Legarda has also been absent from the impeachment court since early August, citing medical leave.
Duterte’s lawyers may still challenge the ruling before the Supreme Court.
“We accept the decision without waiving our right to go up to the Supreme Court…. From today until the (verdict), many things can still happen,” said Duterte defense counsel Michael Poa.
Vice presidential spokesperson Paolo Panelo called the vote an attempt at “changing the constitution.”
“Their aim is to manufacture a conviction. They cannot get 16, so they want to lower (it) to convict VP Sara,” said Panelo.
The House of Representatives impeached Duterte on May 11 on allegations of graft, corruption, bribery and an alleged assassination plot against President Ferdinand Marcos.
If convicted, Duterte will be removed from office and permanently disqualified from holding public office. – with reports from Agence France-Presse
