THE SENATE, sitting as an impeachment court, will still need 16 votes to convict Vice-President (VP) Sara Duterte-Carpio, Senate President Pro Tempore Sherwin T. Gatchalian said on Wednesday, amid questions over the chamber’s composition.
Citing Article 11 of the 1987 Constitution, Mr. Gatchalian said in a statement that conviction requires the concurrence of two-thirds of all the members of the Senate.
“With the Senate’s membership fixed at 24, the conviction threshold is 16 votes, and it will remain 16 votes regardless of how many senators attend the trial, which bloc controls the chamber, or who presides over the impeachment court,” he said.
Mr. Gatchalian in a virtual press briefing on Wednesday said that the Avelino v. Cuenco case, which the new majority invoked in declaring the June 3 quorum, only applied to the regular session. Twelve senators earlier declared a quorum based on 22 members amid a boycott by the Cayetano-led bloc.
Mr. Gatchalian said he already signed the notice for pre-trial on Tuesday and sent the notice to both the House prosecution panel and defense team.
“I also met the impeachment internal team to make sure that preparations are in order,” he said. “I am also preparing myself because what’s important here is for the [impeachment] calendar to be followed.”
Mr. Gatchalian also vowed to ensure that the conviction vote threshold stipulated in the Constitution would be followed.
“The process is on track. The rules are clear. And the constitutional threshold — 16 votes, will be faithfully observed,” he said.
The pre-trial conference for the impeachment case against Ms. Duterte has been scheduled for June 18, with the defense and prosecution instructed to submit their pre-trial briefs, with the trial scheduled to start on July 6.
House prosecution panel lead Batangas Rep. Gerville R. Luistro on Monday said their pre-trial brief has already been prepared.
According to Mr. Gatchalian, they are still discussing the possibility of appointing a lawyer-senator to preside over the trial.
The new majority bloc has two lawyers, namely Senators Francis Pancratius “Kiko” N. Pangilinan and Francis Joseph “Chiz” G. Escudero.
Ms. Duterte was impeached by the House for a second time on May 11 with 257 affirmative votes, 25 negative, and nine abstentions.
She is facing accusations of betrayal of public trust, graft, violations of the Constitution and an assassination plot against President Ferdinand R. Marcos, Jr. but has previously denied the allegations. — Kaela Patricia B. Gabriel
