PASAY CITY, Philippines — Heated exchanges broke out at the Senate on Wednesday, September 23, as lawmakers debated the voting baseline for Vice President Sara Duterte’s ongoing impeachment trial, leading to an emotional defense of absent colleagues.
The tension arose after Senator Erwin Tulfo called on the impeachment court to re-evaluate the two-thirds vote requirement needed for conviction under Article XI, Section 3 of the 1987 Constitution.
Tulfo pointed out that the physical composition of the chamber has shifted, with four senators unable to attend due to medical leave abroad, hiding from authorities, or detention under the Sandiganbayan and the Bureau of Jail Management and Penology (BJMP).
“The present realities that some of our members are beyond the coercive power or jurisdiction of the Senate,” Tulfo said.
Citing former Chief Justice Reynato Puno, Tulfo argued that the constitutional requirement uses a fraction rather than a fixed integer to account for changing chamber dynamics.
“Had the framers intended an immutable number, they would have expressly indicated a numerical figure,” Tulfo stated, adding: “The issue of detained senators is so intertwined in the determination of denominator.”
Tulfo pushed back against keeping the original count, emphasizing public interest in the calculation:
“Hindi lang po pupunta ko dito na sarili ko iniisip ko, iniisip ko yung gusto sabihin ng taumbayan because we represent those people,” he noted.
The characterization of absent members drew a strong response from Senator Camille Villar, who voiced her objection to how detained colleagues, including Senators Jinggoy Estrada and Rodante Marcoleta, were referenced during the debate.
“I think it is unfair to call them out that their crimes are plunder and theft because none of those senators have been convicted,” Villar stated.
“As the youngest member of this august body, can we stop it? With these attacks on each other? We are Senators of the Philippines. Let us give each other due respect. Let’s give the Filipinos due respect,” she added.
Underscoring the presumption of innocence, Villar stressed:
“Hindi po sila plunderer, hindi po sila magnanakaw. Hindi po sila napatunayan na ganoon.”
Tulfo offered an apology for causing offense, though he clarified his phrasing:
“Ang sinabi ko po ay charged with,” Tulfo stated, explaining that his goal was strictly to address the mathematical and procedural impact on the required vote threshold.
Other lawmakers joined the floor discussion regarding the decorum and rules of the trial:
- Senator Mark Villar backed his sister’s call for professional courtesy toward absent peers. “Many of our colleagues for one reason or another, are unavailable. Some have cases, through no fault of their own of course,” he noted. “But I think it’s important [to mind] the words that we use, in respect to our colleagues, who are not guilty yet, I think that’s a very good point… I think it is very reasonable for us to give them that courtesy, that we refrain from saying things that have an adverse effect,” he added.
- Senate Minority Leader Alan Peter Cayetano suggested that procedural adjustments could resolve the standing disputes over absent votes, noting that allowing remote or electronic participation would likely address most of the current arguments surrounding attendance baselines.