MANILA, Philippines — Senator Rodante Marcoleta declared on Monday, September 21, that he no longer intends to take part in the impeachment trial of Vice President Sara Duterte if the proceedings continue in a manner he views as unconstitutional.
Marcoleta reiterated his objections to Senator Francis “Chiz” Escudero presiding over the court, maintaining that the Senate President should only be excluded from presiding when the President is the accused.
He also stressed that internal Senate guidelines cannot alter the constitutional voting requirements needed to convict an official.
“I am no longer inclined to seek participation in the impeachment trial of Vice President Sara Duterte, including its eventual deliberations leading to the voting, if the Impeachment Court ultimately proceeds in a way that will desecrate the Constitution,” Marcoleta said.
He emphasized that the Senate’s rule-making authority applies solely to procedural matters and cannot overwrite substantive constitutional mandates.
“In my humble view, the Senate cannot invoke its internal rules to rewrite a voting threshold prescribed by the Constitution,” he said.
The Senate impeachment court is currently evaluating the vote threshold required for a conviction. Escudero previously ruled that 16 affirmative votes—representing two-thirds of the 24-member chamber—are required, an interpretation being questioned due to the absence of several senator-judges.
Oral arguments regarding the voting requirement are set for Wednesday.
Marcoleta warned that combining Escudero’s disputed presiding authority with a voting threshold that diverges from the plain text of the Constitution would severely compromise the trial’s legitimacy.
“If the Impeachment Court eventually adopts a threshold that deviates from the Constitution’s plain language and meaning, while the trial proceeds under a presiding authority of doubtful constitutional validity, these twin violations would fatally taint the legitimacy and integrity of the impeachment trial,” he said.
He added that any decision rendered under these circumstances would likely face legal challenges before the courts.
“The Senate’s sole power to try and decide impeachment cases is broad but exists only within the bounds fixed by the Constitution,” Marcoleta said. “I cannot even begin to think that we can achieve the constitutional accountability sought in this trial while openly — and with impunity — bastardizing the very Constitution from which that power arises.”
Marcoleta, who is currently detained in connection with a plunder case, previously stated he would not request a temporary leave from detention to participate in discussions on the voting threshold, while continuing to challenge Escudero’s authority to lead the trial.