MANILA, Philippines — The Senate impeachment court has retained the constitutional requirement of a two-thirds vote to convict Vice President Sara Duterte, clarifying that its latest ruling simply interprets which members constitute the voting baseline at the time of the final vote, court spokesperson Atty. Reggie Tongol said in a television interview.
Tongol emphasized that the court did not lower the required conviction threshold.
“The Senate retained the two-thirds of all the members, pero ininterpret niya lang ano ba ang sinasabi o ano ang pagkaintindi ng Senado doon sa all members,” Tongol explained.
Under the court’s clarification, senator-judges may be excluded from the baseline count if evidence supports their incapacity at the time of the final vote.
Tongol identified five parameters for potential exclusion: senators who are detained, missing, suffering from a debilitating medical condition, or located outside the court’s jurisdiction where coercive processes cannot apply. The Senate will assess these circumstances when the final vote takes place.
“If they fall under the five parameters na yun, basta may mapakitang ebidensya, then hindi ka ibibilang sa baseline,” Tongol said.
However, voluntary absence will not reduce the baseline.
“If ikaw lang ay nag-absent dahil ayaw mo mag-participate dahil hindi ka naniniwala siguro na yung posisyon mo ay mananalo pa, etc., hindi naman pinapunish ng impeachment court yun at ikaw ay bibilangin pa rin doon sa baseline,” Tongol noted, referencing Chief Justice Reynato Puno’s stance during deliberations that silence or absence does not equate to non-participation.
Tongol drew a distinction between being absent and being legally or factually unable to participate. Senators who are physically present but choose not to cast a vote, as well as those who were counted toward the quorum but departed before voting, will remain included in the baseline.
He noted that the court weighed input from amici curiae to prevent an interpretation that would lead to an absurd constitutional result.
“So they balanced everything, they read the Constitution contextually and then used a functional approach in interpreting the said phrase of the Constitution,” Tongol said.
Senator Erwin Tulfo echoed these points during a separate press briefing, reassuring the public that the voting mechanics maintain the constitutional baseline rather than lower it.
”‘Pag dumating po sila dito, then boboto po sila. We’re maintaining the two-thirds. Darating si Senadora Loren, boboto. Pag pinayagan ng Sandiganbayan yung dalawang senador na may kaso, boboto. Pag dumating si Senator Bato, boboto,” Tulfo stated.
“Pabobotohin po lahat pag dumating po sila sa araw po ng botohan,” he added.