DAVAO City Rep. Harold Duterte of the Pwersa ng Pilipinong Pandagat (PPP) Party-list has criticized the move by 13 of the 24 senators to reduce the voting threshold for conviction in the ongoing impeachment trial, warning that the move could undermine the constitutional requirement for conviction.
In a statement issued Wednesday, Duterte said the 1987 Constitution is explicit that an impeachment conviction requires the concurrence of two-thirds of all members of the Senate, not merely two-thirds of senators present or participating in the proceedings.
Article XI, Section 3(6) of the Constitution states that “no person shall be convicted without the concurrence of two-thirds of all the Members of the Senate.” With a 24-member Senate, the standard computation is 16 votes.
Duterte argued that the high threshold is deliberate because impeachment is a political process involving the removal of a public official.
“The impeachment threshold is intentionally difficult precisely because it is a political process,” Duterte said, as he questioned the timing of the proposed change amid developments involving several senators.
He cited the case of Sen. Ronald “Bato” dela Rosa, who, according to Duterte, is being pursued based on a warrant that was not signed by a Philippine judge. He also mentioned senators Imee Marcos, Rodante Marcoleta and Jinggoy Estrada in connection with various legal and political controversies.
Duterte likewise pointed to reports involving Senators Villar and Loren Legarda, as well as allegations concerning flood-control projects involving members of the Senate.
“In the meantime, numerous majority senators were implicated in the flood control scandal, yet cases against them have slowed, or have all but disappeared,” he said.
He described the developments as more than coincidental, saying, “Dili ni sulagma, politikal nga asasinasyon ni,” or “Hindi ito nagkataon, isa itong political assassination.”
Duterte maintained that senators and other public officials are bound by their constitutional oath and urged them to uphold the Constitution over political considerations.
“We all took an oath to support and defend the Constitution, and I can only hope that this will prevail over politics,” he said.
The dispute over the voting threshold centers on the meaning of the constitutional phrase “two-thirds of all the Members of the Senate.” Retired Chief Justice Hilario Davide Jr. has argued that the denominator should consist of senators legally and physically qualified to vote, rather than automatically the full 24-member Senate.
The issue remains a key question in the ongoing impeachment proceedings.
About the Author
