Former Far Eastern University law dean Mel Sta. Maria said it is incorrect to say that fixing the two-thirds vote to convict at 16 based on all 24 members of the Senate, even if some of them are detained, would prevent the manipulation of the votes.
Sta. Maria said this actually favors those who want an acquittal as senators would not even have to show up to do their duties.
“In fact, mere common sense shows that the rule fixing the absolute and unchangeable 16 vote requirement to convict regardless of whether the senator is a non-judge or a non-participating judge IS MANIPULABLE ONLY by the side desiring acquittal and NOT the one desiring conviction,” Sta. Maria said in a Facebook post.
He said the senators who want to acquit the respondent only need to stop nine members from participating, as this would make it impossible for the Senate to get the 16 votes to convict.
He also said the senators favoring acquittal can abandon their duties or travel abroad, and the defense would still win effortlessly.
“If judges feign illness, hide, flee the country, or simply refuse to take the oath, acquittal requires minimal political effort and provides easy political cover. The defense secures an acquittal by default through quiet absenteeism,” he said.
In a separate interview on Bilyonaryo News Channel’s “The Spokes,” Sta. Maria said keeping the vote to convict at 16 means there are already four acquittal votes under the present Senate as four members are absent.
“Those who want conviction, zero margin of error kasi dapat lahat 16 nandoon sila. Pero among those who want acquittal, they can weaponize absenteeism, huwag na tayo mag-aral, hindi na natin ito kailangan mag-presenta ng ebidensya, babuyin natin ang impeachment,” he said.
He also said keeping the denominator at 24 to secure the votes to convict, regardless of participation, means those who want an acquittal are no longer required to win intellectually.
It would also “honor” senators who are not working, he said.
The Senate Impeachment Court is deliberating on whether the two-thirds vote to convict in Vice President Sara Duterte’s impeachment trial should be based on all 24 members of the Senate, even if some of them are detained, in hiding, or absent.