The Senate impeachment court has adopted a new ruling allowing the two-thirds voting threshold for Vice President Sara Duterte’s conviction to be computed based on senators who remain legally and factually capable of participating in the proceedings.
Presiding Officer and Senate President Chiz Escudero announced the decision on Wednesday, September 23, during the 29th day of Duterte’s impeachment trial, following the court’s vote on the disputed interpretation of the constitutional conviction threshold.
Escudero said he disagreed with the decision but would respect and implement the court’s ruling.
“While the chair takes exception to this decision, the chair nonetheless accepts it as a judgment of this court and is bound to give it effect,” Escudero said.
He emphasized that the presiding officer serves as the custodian of the process rather than the authority determining its outcome.
“This is the essence of democracy, that disagreement be preserved without obstruction and that lawful result be obeyed without resentment,” he added.
New controlling ruling
Under the adopted interpretation, the phrase “all members of the Senate” refers to senators who are legally and factually capable of participating in the proceedings at the time of the vote.
The court’s ruling excludes the following from the voting denominator:
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Senators who are detained, suspended, or otherwise legally restrained from exercising their duties.
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Senators whose whereabouts are unknown and are being sought by authorities.
Senators suffering from physical or medical incapacity.
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Senators beyond the coercive processes of the Senate.
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Others similarly situated.
Escudero clarified that the ruling applies only to the current impeachment proceedings and does not establish a binding precedent for future impeachment cases.
Guidelines for computing the threshold
The impeachment court will determine, based on competent and sufficient evidence, whether a senator falls under any of the five circumstances outlined in the ruling. The remaining eligible members will form the denominator for calculating the required two-thirds vote.
Escudero further ruled that when the two-thirds computation results in a fraction, the required number of votes must be rounded up to the next whole number.
Using an example, he explained that if the denominator is 20, two-thirds equals 13.33, requiring 14 votes for conviction.
“Since a fraction of a vote is impossible, as there is no fraction of a senator, 13.33, again by way of example only, must be rounded up to 14 votes,” Escudero said.
He said the guideline ensures that no person may be convicted without the constitutionally required concurrence of two-thirds of the Senate members determined to be eligible under the new ruling.
