With 20 senators present, 11 votes needed to convict VP – court spox

MANILA, Philippines — Senator-judges need 11 votes to overturn the 16-vote threshold to convict Vice President Sara Duterte, Senate impeachment court spokesperson Atty. Reginald Tongol clarified on Saturday.

His clarificatory remarks followed his earlier statement on Friday that a majority of 10 votes would be needed to change the threshold amid the absence of some senator-judges due to legal issues.

The impeachment court is set to revisit the voting threshold on Wednesday, Sept. 16 before the prosecution and defense present their arguments on Sept. 23.

He added that according to the Office of the Clerk of Court, the impeachment court’s presiding officer, Sen. Francis Escudero may also vote to change the 16-vote ruling to convict Duterte.

“So, kunwari po, 20 po o yung umattend po, so kailangan po hindi 10, kundi 11 po para po ma-overturn po yung ruling,” he said..

(If 20 senators are present, not, 10, but 11 votes re needed to overturn the ruling.)

“So kahapon po nung sinabi ko po yun, ina-apply lamang po yung pagkakaalam po ukol sa parliamentary rules kasi nakalagay po sa Rule 41, Section 116 po ng rules ng Senado na supplementarily applicable katulad na nakalagay sa Rule 6 ng Senate Impeachment Rules na hindi po boboto ang president on the matter unless his vote is decisive,” he explained during a DWIZ interview.

(So, when I stated that yesterday, I was simply applying the principles of parliamentary rules, specifically Rule 41, Section 116 of the Senate Rules, which is supplementarily applicable alongside Rule 6 of the Senate Impeachment Rules— stipulating that the President shall not vote on the matter unless his vote is decisive.”)

Tongol said that there is still a possibility that the matter would be assessed by the Supreme Court if ever a party raises a concern or a petition against overturning the 16-vote threshold.

“Kung ngayon po magkaroon ng desisyon yung Senado to overturn his appeal, any party naman po pwedeng umakyat sa Korte Suprema to question it for grave abuse of discretion amounting to lack or excess of jurisdiction,” he said.

(If the Senate were to decide today to overturn his appeal, any party could elevate the matter to the Supreme Court to challenge it on the grounds of grave abuse of discretion amounting to lack or excess of jurisdiction.)

The Senate impeachment court on Thursday appointed three Supreme Court chief justices and one retired associate justice as amici curiae, or ‘friends of the court’, to provide legal assistance on the issue.

Tongol assured that impeachment proceedings would continue even if a petition for certiorari would be filed before the higher court.

“Kasi nakalagay po sa Rule 65, na kahit po merong petition for certiorari sa Korte Suprema, ay magpapatuloy pa rin po ang proceedings doon sa lower court na kung saan na walang TRO (Temporary Restraining Order) na inissue,” he explained.

(“Because Rule 65 states that even if there is a petition for certiorari before the Supreme Court, the proceedings in the lower court will continue if no Temporary Restraining Order (TRO) has been issued.”)

(Only when there is a TRO issued can the process be halted.) /gsg