16 votes or lower? Senators to hold caucus on Duterte impeachment voting threshold

MANILA, Philippines, September 21 ------ Senator-judges are expected to vote on what could be one of the most consequential questions on the impeachment trial of Vice President Sara Duterte on Wednesday, September 23. A caucus would take place on Monday, September 21, a senator said.

After hearing the opinion of the amici curiae, or “friends of the court,” the prosecution and defense panels are set to present oral arguments on the disputed 16-vote threshold for Duterte’s conviction. Senator-judges are then expected to pose questions to the parties and vote whether or not to include the entire 24-membership base for the impeachment trial. “The Impeachment Court will not rush the resolution of this constitutional threshold. Doctrinal accuracy and constitutional exactitude take precedence over speed,” impeachment court spokesperson Reginald Tongol said.

The voting threshold has emerged as one of the most consequential and divisive issues in Duterte’s impeachment trial. Amid the prolonged absence of four senator-judges —  Loren Legarda, Ronald “Bato” dela Rosa, Rodante Marcoleta, and Jinggoy Estrada — Senator-judge Erwin Tulfo asked the court to revisit the basis for the voting threshold. Legarda remains under extended medical leave abroad due to lung illness while Dela Rosa is in hiding in view of an arrest warrant from the International Criminal Court (ICC).  Marcoleta and Estrada are detained due to separate plunder charges.

The Senate impeachment court then invited four retired Supreme Court (SC) justices as amici curiae and to provide their legal views on the issue.

Retired SC chief justices Reynato Puno, Hilario Davide Jr., and Artemio Panganiban took the position that the number of votes needed to remove the impeached official is not fixed at 16, while retired SC associate justice Adolf Azcuna maintained the voting basis should be anchored on the entire membership of the Senate.

“The framers of the Constitution of 1935, 1973, and 1986 would never have intended to include in ‘all members’… those who cannot participate in the hearings and deliberations on the impeachment, such as those outside the jurisdiction of the Philippines, or whose whereabouts are unknown or are in hiding to avoid arrest,” Davide stated in a written position read by the Senate secretary. 

How will the senators vote?

A simple majority is needed to overturn the threshold, Tongol said. This means that with 20 active senator-judges, 11 votes are needed to amend the voting threshold. Tongol, however, said the impeachment court has yet to decide how the appeal and any succeeding threshold questions would be framed. “We don’t want to preempt the senator-judges on how the votes will happen,” he added.

Senator-judges have yet to decide on the issue. According to Senator-judge Panfilo “Ping” Lacson, senators would hold a caucus to discuss the issue on Monday. Lacson also said the court may defer its September 23 scheduled voting if senator-judges need more time to weigh the arguments of the prosecution and defense. “I’d rather wait for oral arguments on Wednesday. The prosecution and defense will share their ideas and arguments, and I believe it would be best to listen to them first so we will have a wider and deeper perspective on the issue,” Lacson said in a mix of English and Filipino.

Under Article XI, Section 3(6) of the 1987 Constitution, the Senate has the sole power to try and decide impeachment cases. Conviction requires at least two-thirds of all Senate members, equivalent to 16 votes.

Source: rappler.com