Senate impeachment Presiding Officer and Senator-Judge Francis “Chiz” Escudero clarified that the required 16 votes for conviction in the impeachment trial of Vice President Sara Duterte was not a matter agreed upon by senators but was based on existing constitutional provisions and jurisprudence.
In a newly released episode of his “Chiz Whiz: Usapang May Laman” podcast, Escudero said he did not coordinate his statements or positions with other senator-judges, although he had discussions with some senators who agreed with his interpretation of the law.
“Hindi namin pinagkasunduan. Hindi ko pinagpapaalam ang aking anuman ang sasabihin ko at ang talumpating bibigay ko. Gayon din naman ang ibang senador,” Escudero said.
He explained that his position was anchored on the Constitution and the Supreme Court’s ruling in Bayan v. Zamora, which he said clarified that the required number of senators should remain based on the full composition of the Senate even when some members are unavailable.
Escudero noted that the Senate currently has 21 sitting senators, with two senators detained and one unavailable, but argued that the impeachment court should still follow the constitutional requirement of two-thirds of the entire Senate membership, or 16 votes out of 24 senators, for conviction.
"Ito ang umiiral na batas sa ngayon. Base sa probisyon ng Konstitusyon, base sa desisyon ng SC sa Bayan v. Zamora, maliwanag ang paliwanag ng SC doon,” he said.
He cited the Supreme Court’s decision involving former senator and then Vice President Gloria Macapagal-Arroyo, saying that despite the Senate having only 23 members at the time, the Court ruled that the required number remained based on the 24-member Senate composition.
According to Escudero, the same principle should apply more strictly in impeachment proceedings because it involves not only an individual’s rights but also the mandate given by millions of voters.
“Lalo pa siguro kaya kung impeachment ng pag-uusapan na karapatan ng isang tao ang pinag-uusapan, hindi lamang karapatan ng isang tao, mandatong binigay sa kanya ng milyon nating mga kababayan, mas dapat siguro na maging strikto tayo tulad ng sa pagratibika sa mga tratado,” he said.
Escudero also acknowledged that some may disagree with his interpretation, but stressed that the Supreme Court’s decisions form part of the law of the land unless overturned.
He expressed hope that any legal challenge regarding the conviction threshold could be resolved by the Supreme Court before the Senate reaches a final decision, to avoid further disputes after the impeachment proceedings.
“Sana kung sakasakali, mapagpasyaan ito ng Korte Suprema kung may aakyat man sa Korte Suprema bago pa man magkaroon ng penal na kapasyahan ng Senado,” Escudero said.
The senator emphasized that the impeachment process should ultimately provide closure to the political conflict and allow the country to move forward regardless of the outcome.
“Sana ito ang impeachment process, sino man ang manalo, sino man ang magwagi, maging tuldok na, kaugnay sa bangayan, away, hindi pagkakaunawaan, at mga akusasyon laban kaninuman,” he added.
