Senator-Judge Erwin Tulfo has asked the Senate impeachment court to clarify which members should be allowed to vote for conviction or acquittal in the impeachment trial of Vice President Sara Duterte, citing the continued absence of some senators as proceedings move closer to the final vote.
Speaking on Day 23 of the trial on Tuesday, September 8, Tulfo questioned whether absent senators should still be included in determining the voting base, particularly as the trial calendar has been expedited following the prosecution’s decision to waive its remaining 15 witnesses.
“I am not seeking to lower the requirement. My question now is very basic, when we refer to all members, who exactly are we counting?,” Tulfo said.
He noted that some senators are currently beyond the Senate’s coercive jurisdiction, including one on medical leave abroad, another who is in hiding, and two others under the custody of the Sandiganbayan or the Bureau of Jail Management and Penology.
Tulfo warned that strictly maintaining a fixed voting base could potentially result in an acquittal by default if absent members are unable to participate.
“The absence of those senators, whether we like it or not, will result in an acquittal by default,” he said, urging the impeachment court to resolve the issue before the final vote.
Tulfo emphasized that he was not seeking to make conviction easier but wanted the court to balance the constitutional requirement that impeachment be difficult with the equally important principle of accountability.
“Should the constitutional design of making impeachment difficult override the equally important constitutional demand for accountability?” he asked.
He then moved for the Senate impeachment court to discuss and settle the voting issue “sooner than later,” saying the rapidly changing trial schedule could bring the proceedings to the final question earlier than expected.
