Former Iloilo representative Niel Tupas Jr., lead prosecutor in the impeachment trial of late Chief Justice Renato Corona, has sided with former Supreme Court Associate Justice Adolf Azcuna’s interpretation that two-thirds of all 24 senators, or 16 votes, is required to convict Vice President Sara Duterte.
Tupas said he subscribes to Azcuna’s “plain and simple” reading of the Constitution, which he said clearly provides that conviction requires the concurrence of two-thirds of all members of the Senate.
Tupas made the statement in an interview with Bilyonaryo News Channel’s At The Forefront hosted by Atty. Karen Jimeno.
“Now, if the Constitution, the language is clear, then you don’t really interpret it,” Tupas said. “Plain and simple meaning only.”
He said the provision refers to two-thirds of all members of the Senate, not merely those physically present or able to participate in the impeachment proceedings.
Tupas said the 24 senators remain members of the Senate even if some are unable to attend because they are abroad, in detention, or otherwise unavailable.
“Even if it’s Senator Bato on the run, even if it’s two senators in detention, even if it’s one senator abroad, but still, they’re members of the Senate and they should be considered as the denominator,” he said.
Tupas noted there are two competing interpretations of the voting threshold.
The first follows the Constitution’s plain language, while the other takes a more “holistic” approach and bases the threshold on senators who are capable of participating.
“But I would always, in case of doubt, I would always subscribe to the first view, the plain and simple reading of the Constitution,” he said.
Asked if this meant he agreed with Azcuna’s interpretation, Tupas replied, “Yes, Attorney Karen.”
He also pointed out that Azcuna was among the framers of Article XI of the Constitution, which contains the provisions on impeachment.
The Senate, sitting as an impeachment court, is tackling the contentious voting threshold issue as it proceeds with the impeachment trial of Duterte.#