'Mas mababa, mas tama': 'Young Guns' say 15 senator votes should be enough to convict VP Sara
At A Glance
- Reps. Paolo Ortega and Zia Alonto Adiong push for lowering the conviction threshold in Vice President Sara Duterte's Senate impeachment trial, citing that only 22 senators can effectively participate.
- They argue that the two-thirds requirement should be based on senators who are actually able to vote, with Ortega suggesting 15 votes instead of 16, and Adiong noting constitutional scholars support this interpretation.
- Both lawmakers have acknowledged the issue may require Supreme Court resolution, urging the Senate to settle the governing vote number before senator-judges decide on conviction or acquittal.
La Union 1st district Rep. Paolo Ortega V (left), Lanao del Sur 1st district Rep. Zia Alonto Adiong (Ellson Quismorio/ MANILA BULLETIN)
House "Young Guns" bloc members La Union 1st district Rep. Paolo Ortega V and Lanao del Sur 1st district Rep. Zia Alonto Adiong are batting for a lowered threshold of senator-judges votes to determine conviction in Vice President Sara Duterte's upcoming Senate impeachment trial.
This, as both Ortega and Adiong recognized the reduced "effective reach" of the normally 24-member Senate. As the argument goes, only 22 senators remain capable of participating in the chamber’s proceedings, including the trial.
According to the Constitution, the impeachable officer on trial can get convicted via two-thirds votes in the chamber, or 16 out of 24 senator-judges.
“Baka kailangan po nilang tignan maigi na ang maging boto po na kakailanganin ay 16, hindi na 16, instead 15 na po kasi parang medyo simple math lang naman po kung tinitignan mo from the outside,” Ortega said.
(Maybe they need to carefully look at it so that the required vote is not 16 but instead 15, since it’s just simple math if you look at it from the outside.)
With Senator Jinggoy Estrada currently detaned for alleged plunder and Senator Ronald "Bato" dela Rosa in hiding by virtue of a warrant of arrest from the International Criminal Court (ICC), there is a pitch that they should no longer be included in determining the working membership of the Senate.
The two senators are perceived to be pro-Duterte.
The deputy speaker from Luzon acknowledged that the interpretation raises a serious constitutional question and may eventually require judicial guidance.
House prosecutors have cited the principles discussed in Avelino v. Cuenco, which dealt with the determination of a Senate quorum when certain members were beyond the chamber’s coercive authority.
“Pero parang simple lang naman po ‘yung pagkakaintindi na kung immobilized ‘yung isa, e di babawasan lang po. Yun nga lang, baka magkakaroon ng question na naman po ‘yan. Sana huwag naman umabot sa ganoon,” Ortega said.
(But the simple understanding is that if one is immobilized, then you just subtract them. The only thing is, that might raise another question. Hopefully it doesn’t reach that point.)
It all boils down to how “all members” of the Senate should be counted under the chamber’s present circumstances, with Estrada and Dela Rosa practically unable to perform their functions as senators.
Adiong says some constitutional scholars have argued that the two-thirds requirement should be computed based on senators who are actually available to participate in the high-stakes trial.
“There’s a fresh outlook by constitutional expert and scholar Prof. Carlo Cruz, who says that the constitutional requirement of two-thirds of all members of the Senate should also be interpreted as the members who can vote, all members who can vote,” Adiong said in an interview with ANC Headstart.
Personally, like Ortega, the assistant majority leader opined that the conviction thrreshold should be based on the actual number of senators who can participate physically during the trial, and "who can render judgment based on the evidence that will be presented".
He reckoned that the question may ultimately have to be resolved by the Supreme Court (SC).
“This is actually an emerging request or proposal from the legal community. This is a developing issue,” Adiong said.
Ortega urged the Senate to determine the magic number before the court reaches the stage where senator-judges must decide whether to convict or acquit the Vice President.
“Sana po walang impediment, ano man, at ma-resolve na po agad yun, yung number na kakailanganin, if ever,” Ortega said.
(Hopefully there will be no impediment of any kind, and that the required number of votes will be resolved right away, if ever.)