10 senators can overturn 16-vote threshold to convict Sara Duterte - Tongol - GMA Network

At least 10 senators can overturn the ruling of Senate impeachment court presiding officer Francis Escudero that 16 votes are needed to remove Vice President Sara Duterte from office, court spokesperson Regie Tongol said Friday.

Of the 24 senators, four are currently absent, while Escudero would not participate, leaving 19 senators to decide on the matter on September 23, Tongol told reporters. Under a simple majority vote, he said, this means only 10 senators would be needed to overturn the 16-vote threshold for conviction.

“Majority of the quorum present po ang makakaboto. Parang ordinary action lamang po ito ng Senado,” Tongol said.

(The votes of the majority of the quorum present will be the basis. This is just like an ordinary action of the Senate.)

Currently, Senators Jinggoy Estrada and Rodante Marcoleta are detained over separate plunder charges, while Senator Ronald “Bato” dela Rosa is in hiding amid an arrest warrant issued by the International Criminal Court (ICC) in connection with the Duterte administration’s war on drugs.

Senator Loren Legarda has not attended the trial for several weeks as she remains abroad on extended medical leave.

However, Tongol said that there is still a possibility that more than the expected 20 senator-judges could be present on voting day.

He also said that in the event of a tie among the senator-judges, the motion on the voting threshold would be considered to have “failed.”

“So the ruling of the presiding officer will stand,” he said.

Speaking to reporters on Friday, Duterte said it had already been decided that the 1987 Constitution would be followed in determining the threshold for conviction.

“So ibig sabihin, ngayon na nagbago 'yung usapan, ibig sabihin ay babaguhin nila. Bakit pa ba natin pag-uusapan 'yun kung hindi naman babaguhin, 'di ba?” she added.

(So that means, now the conversation has changed, it means they will change it. Why are we even talking about it if it’s not going to be changed, right?)

Her brother, Davao City Representative Paolo “Pulong” Duterte, said 10 votes cannot override the Constitution.

"Ten votes to reverse the 16-vote rule? Are you sure about this? Ten votes to change the Constitution? Di puwede (That is not allowed)," he wrote on Facebook on Saturday.

"Ang Constitution mismo ang nagsasabi ng 'two-thirds of all the members of the Senate.' Kung ang bilang ng senators ngayon ay 24, that translates to 16 kasi 'all' ang sabi ng Constitution. Para sa mga law benders natin, baka di niyo alam ang ibig sabihin ng 'all.' Wala yang karugtung na 'all present' or 'all law benders.'"

(The Constitution itself says ‘two-thirds of all the members of the Senate.’ If there are currently 24 senators, that translates to 16 because the Constitution says ‘all.’ For our law benders, perhaps you don’t know what ‘all’ means. There is no qualifier after ‘all’ saying ‘all present’ or ‘all law benders.’")

At the start of the impeachment trial on July 6, Escudero said that under Article XI, Section 3, Paragraph 6 of the 1987 Constitution, no person shall be convicted without the concurrence of two-thirds of all the members of the Senate.

With the Senate composed of 24 members, Escudero said a literal interpretation of the constitutional provision means a conviction requires at least 16 affirmative votes.

Senator Erwin Tulfo made a manifestation during the September 8 hearing, seeking clarification on the 16-vote threshold, given that four senator-judges are currently not attending the trial.

Tulfo also said it must be clarified whether senators who are detained will be allowed to vote or whether their votes will be accepted by the court even if they are not attending the trial.

To settle the matter, Escudero said the court invited four amici curiae (friends of the court)—retired Supreme Court Chief Justices Hilario Davide, Artemio Panganiban, and Reynato Puno, and former SC Justice Adolf Azcuna—to weigh in on the voting threshold on September 16.

The oral arguments between the defense and prosecution panels, meanwhile, will be held on September 23, with each side given 15 minutes to present its position.

After the oral arguments, the senator-judges are expected to cast their votes. —VBL, GMA News