Election lawyer Atty. Romy Macalintal said that ongoing debate over the required number of votes to convict Vice President Sara Duterte in a pending impeachment trial could delay proceedings and waste time, stressing that the Constitution already sets a clear standard.
Speaking on DZRH’s ‘Dos Por Dos’, Macalintal said the 1987 Constitution explicitly requires a two-thirds vote of all members of the Senate, which he said translates to 16 votes, and cannot be altered or negotiated by either the prosecution or the defense.
“Para sa akin lang naman, with due respect sa prosecution atsaka defense, hindi naman pwedeng baguhin nila ang numero sapagkat sinasabi ng saligang batas [na] ⅔ votes of all the members of the senate kaya lumalabas na 16 ang boto at yan ay hindi bahagi ng pre-trial,” he said.
Macalintal emphasized that the vote requirement is not a matter for pretrial discussion and cannot be subject to compromise between parties.
“Hindi pwedeng pag-usapan yan. Hindi pwedeng magkaroon ng agreement. Hindi pwedeng sabihin ‘ganito na lamang…’, hindi pwede yon kasi batas yan eh,” he added.
He noted that disagreements may arise because the defense is expected to insist on the 16-vote threshold, while the prosecution could argue for a lower number due to the absence or suspension of some senators.
However, Macalintal said such arguments would only stall proceedings.
“Hindi pwedeng magkasundo ang dalawang yan kung yan ay pagtatalunan, kaya yan ay magiging abala lamang sa kanila at mag-aaksaya lamang sila ng panahon,” he said.
Macalintal also dismissed the possibility of the Supreme Court issuing a clarification on the matter without a formal case.
“Hindi gagawa ng ganyan ang supreme court kasi hindi naman sila nagbibigay ng mga advice, opinion, hindi [sila] ganon. Ngunit, dapat magkaroon ng actual case o controversy,” he said.
His remarks come amid ongoing debate over how to interpret the voting requirement following changes in the Senate’s composition, including the temporary suspension of Sen. Jinggoy Estrada over graft and plunder charges, and the absence of Sen. Ronald “Bato” dela Rosa, who is reportedly in hiding amid an arrest warrant issued by the International Criminal Court in connection with alleged crimes against humanity during the administration of former President Rodrigo Duterte.
