A group of lawyers from Eastern Visayas has urged Senate President Sherwin T. Gatchalian to support a lower voting threshold for convicting Vice President Sara Duterte in her impeachment trial.
In an open letter, the lawyers argued that 14 votes, rather than 16, should be enough to convict the Vice President based on the number of senators currently sitting and performing their duties as members of the Senate impeachment court.
The lawyers challenged the view that the Constitution automatically requires 16 votes, or two-thirds of the full 24-member Senate, to convict an impeached official.
“We believe that in the phrase ‘2/3 votes of all the members of the Senate’ to convict the Vice President, only the ‘2/3’ is fixed or constant. But the phrase ‘of all members of the Senate’ is not,” they said.
They argued that the constitutional provision must be read together with other provisions governing Senate membership and the performance of public office.
“The best interpreter of the Constitution is the Constitution itself,” the lawyers said.
The group also invoked the constitutional principle that public office is a public trust, saying senators who are suspended or otherwise unable to perform their duties should not be included in determining the number of votes needed for conviction.
The lawyers specifically cited Senators Jinggoy Estrada, Rodante Marcoleta and Ronald “Bato” Dela Rosa, whose suspensions or inability to perform their duties, according to the letter, affect the computation of the required votes.
“In fine, the 2/3 votes should be based on the ‘sitting’ senators who have taken their oath and who are not suspended from performing their duties and obligations with utmost responsibility and efficiency,” they said.
With the impeachment court reckoned as having 21 sitting senators, the lawyers said two-thirds would amount to 14 votes.
They maintained that the Senate impeachment court itself has the authority to determine the applicable rules and procedures for the trial.
“The declaration that 14 and not 16 Senators should convict the Vice President is incumbent upon the ‘sitting senators.’ This is because they have the power and authority to promulgate the rules and procedures of the impeachment Court,” they said.
The lawyers expressed confidence that Gatchalian would bring their position before the full Senate for consideration.
The signatories are:
1. Atty. Jonathan Loberio, former IBP president, Northern Samar
2. Atty. Cenesio C. Gavan, former IBP president, Eastern Samar
3. Atty. Christopher Moscare, former IBP president, Eastern Samar
4. Atty. KB Frank, former IBP president, Tacloban City
5. Atty. Maria Lourdes Isabel C. Arevalo, dean, Eastern Samar State University College of Law
6. Atty. Sandrex S. Albino, faculty, University of Eastern Philippines College of Law
7. Atty. Franco Archie Tonog, faculty, University of Eastern Philippines College of Law
8. Atty. Ma. Norma S. Ballesta, special lecturer, University of Eastern Philippines College of Law
9. Atty. Maria Jay S. Nicolasura, special lecturer, University of Eastern Philippines College of Law
10. Atty. Ruth O. Tan-Ching, special lecturer, University of Eastern Philippines College of Law
11. Atty. Edsel A. Balliand, associate professor III, University of Eastern Philippines College of Law
12. Atty. Michael Loberio, special lecturer, University of Eastern Philippines College of Law
13. Atty. Gissle Ballais, faculty, Dr. Vicente Orestes Romualdez Education Foundation College of Law
14. Atty. Mae Kristine Conde, faculty, Dr. Vicente Orestes Romualdez Education Foundation College of Law
15. Atty. Kenneth Fabilla, Tacloban City
16. Atty. Alexandra Azul, faculty, Eastern Samar State University College of Law
17. Atty. Jovale Catayong, faculty, Eastern Samar State University College of Law
18. Atty. Nicasio Distinguido Jr., faculty, Eastern Samar State University College of Law
19. Atty. John Jerard Miranda, faculty, Eastern Samar State University College of Law
20. Atty. Chris Ronnel C. Catubao, faculty, Eastern Samar State University College of Law.#