FACT CHECK: Chief Justice Gesmundo did not approve 13-vote threshold for VP Sara’s conviction - Rappler

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Claim: Supreme Court (SC) Chief Justice Alexander Gesmundo has declared a 13-vote threshold to convict Vice President Sara Duterte in her impeachment trial, with 13 votes already approved. 

Why we fact-checked this: A YouTube video posted on September 19 by the channel “News Update Files” carried the claim. 

Its thumbnail featured an image of Gesmundo holding papers stamped “Approved” with the overlaid text, “Chief Justice nagdesisyon na! Naku! VP Sara convict dahil dito! 13 votes approved na?!” 

(The Chief Justice has already decided! Uh-oh! VP Sara to be convicted because of this! 13 votes already approved?!)

Its title reads, “Kapapasok lang! VP Sara [convicted] na? Supreme Court Chief Justice, nagdeklara na! 13 votes approved na.” 

(Just in! VP Sara already convicted? The Supreme Court Chief Justice has already declared! 13 votes approved). 

As of writing, the video has garnered over 10,500 views and 562 likes.

The facts: Gesmundo did not issue a ruling setting the conviction threshold at 13 votes. When the video was posted on September 19, the Senate impeachment court was still debating whether to keep the 16-vote threshold earlier set by trial presiding officer Senator Chiz Escudero.

The debate followed opinions from four retired Supreme Court justices invited as amici curiae. Three said the threshold could be recalculated based on the number of senator-judges able to participate in the impeachment trial, while retired Justice Adolfo Azcuna argued that all 24 senators should still be counted. None of them issued a ruling. (READ: ‘Amici curiae’: Where do invited ex-justices stand on conviction threshold debate?)

On September 23, the Senate impeachment court voted 13-1, with six senator-judges absent, to lower the voting threshold. Instead of the Senate’s full 24-member membership as the baseline for determining the two-thirds vote needed to convict Duterte, the impeachment court ruled that only senator-judges who are “legally and factually capable” of participating in the proceedings should be counted. 

Contrary to the claim, 13 votes was not set as the new threshold. The actual number relied on how many senator-judges are eligible to participate. 

Additionally, the claim that Gesmundo supposedly made a ruling on the voting threshold is baseless because at the time of the video’s posting, the issue has not been formally raised before the High Court, although the Duterte camp has said this remains a possibility.

The impeachment trial: The voting threshold has become a significant issue in the impeachment trial, as Duterte faces allegations of misuse of confidential funds, unexplained wealth, bribery, and grave threats. 

Discussions on lowering the voting threshold was prompted by the absence of four senator-judges: Loren Legarda, who is on her sixth medical leave extension abroad; Ronald “Bato” dela Rosa, whose whereabouts are unknown amid an International Criminal Court arrest warrant; and Rodante Marcoleta and Jinggoy Estrada, who are detained on separate plunder charges. All four are members of the Senate minority bloc.

With 20 senator-judges counted, two-thirds vote would be 13.33, which rounds up to 14. 

If convicted, Duterte would be removed from office and permanently barred from holding public office. (WATCH: What is impeachment?) – Cyril Bocar/Rappler.com

Efren Cyril Bocar is a journalist from Llorente, Eastern Samar who graduated with a degree in English Language Studies at the Visayas State University. Cyril is also a graduate of the Aries Rufo Journalism Fellowship of Rappler for 2024. 

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