Monsod criticizes senators over stand on vote threshold

MANILA, Philippines — A framer of the 1987 Constitution called out Senators Alan Peter Cayetano and Camille Villar, who objected to the proposal to lower the number of votes needed to convict Vice President Sara Duterte in her impeachment trial.

Former Commission on Elections (Comelec) chairman Christian Monsod, who helped craft the 1987 Constitution, said Cayetano and Villar may be wrong in challenging the majority ruling of the Senate impeachment court.

Cayetano and Villar were among the six senators who boycotted the voting to modify the original threshold of 16 out of the 24 senators set by impeachment trial presiding officer Sen. Francis Escudero.

Excluded in the voting on Wednesday were senators who are facing charges, detained, in hiding or on sick leave even if the two-thirds threshold mandated by the 1987 Constitution remained.

Thirteen senators voted in favor of the motion – stating that 14 votes out of 20 senators are needed for a conviction – while one, Escudero, was against. Six others did not participate in the voting.

Cayetano tried but failed to block the proposal, arguing that a vote to favor lowering the number of senators qualified to vote to convict or acquit could violate the provision in the 1987 Constitution that requires “No person shall be convicted without the concurrence of two-thirds of all the members of the Senate” in an impeachment trial.

When asked about Cayetano’s argument in an interview over radio dzBB yesterday, Monsod said, “He’s wrong.”

Monsod said the Senate can continue the impeachment trial against Duterte amid plans by some senators to boycott the proceedings.

“As long as there is a quorum, the Senate can continue. If they plan on doing that (boycott), it’s for headlines only. They talk like they know everything, especially Cayetano,” he said.

Monsod took a swipe at Villar’s opinion seeking respect for their colleagues currently being detained. She turned emotional in defending her fellow senators whom she said have not been convicted of the charges pressed against them.

“She does not understand the law,” he said.

Monsod noticed the difference in views of Camille and her brother Sen. Mark Villar, who voted to adjust the denominator in the voting threshold. “I don’t know whether they are playing the political game.”

Meanwhile, Monsod maintained the Anti-Plunder Act or Republic Act 7080 explicitly mandates that government officials charged with plunder shall be suspended from exercising the functions of their office.

In addition, the lowering of what he called the “denominator” in the voting threshold should also include a “fugitive from justice because once he is arrested, he is already prevented from exercising his power.”

The 24-member Senate is currently down to 20 with the absence of detained Senators Jinggoy Estrada and Rodante Marcoleta, both facing plunder and graft charges, and Sen. Ronald dela Rosa who remains in hiding while facing arrest by the International Criminal Court (ICC).

On Sen. Loren Legarda, who is on a prolonged medical leave, Monsod said: “We will see whether she should be included in the denominator or not… because she participated in the deliberations before she left for that leave.”

In recalling how the 1987 Constitution was created, Monsod said they changed the provision on the voting threshold in an impeachment trial from three-fourths to two-thirds.

He also believed the Supreme Court (SC) “should not interfere in the definition of the powers” of the Senate, which creates its own rules.

Senate President Sherwin Gatchalian said the 13 votes to lower the conviction threshold was not indicative of the verdict in the Vice President’s impeachment trial.

In a chance interview yesterday, Gatchalian denied that the 13 votes were “reflective” of the verdict, adding that the senators will decide based on the evidence presented during the trial.

“No. Because when it comes to the verdict, it’s about the evidence, it’s about the testimonies, it’s about how the prosecution and defense will present their cases,” said Gatchalian.

“The defense is trying to prove that the allegations have no basis. It’s complicated. We have yet to reach the final voting,” Gatchalian said.

Asked if the outcome of the threshold voting meant that the numbers were enough to convict, Gatchalian said: “Nothing is certain.”

House prosecutors vowed to do their best in persuading senators to convict the Vice President based on the airtight evidence they will present moving forward and regardless of the final voting threshold.

“We are not here to count the votes, we are not vote-counters here. We have to present the evidence needed to convict the VP based on the Articles of Impeachment that we have filed,” Rep. Terry Ridon, a member of the House prosecution team, said.

Lead prosecutor Rep. Gerville Luistro said it’s still a long way to go before the senators cast their votes. – Marc Jayson Cayabyab, Delon Porcalla

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