A SUPREME Court challenge is likely whichever way the Senate Impeachment Court ultimately resolves the number of votes needed to convict Vice President Sara Z. Duterte, a House of Representatives prosecutor said.
Party-list Rep. Terry Ridon of Bicol Saro, a member of the House prosecution team, said the issue surrounding the conviction threshold remains unresolved despite previous statements from Impeachment Court officials.
He explained that whichever interpretation the Senate adopts-whether requiring 16 votes or a lower number-there is a possibility that the matter will eventually be brought before the Supreme Court.
‘Realistically, whatever decision may be reached, there will likely be someone who will go to the Supreme Court, whether we are talking about 16 votes or a lower number,’ Ridon said during a news forum.
He added that either side involved in the impeachment proceedings may seek judicial clarification depending on the final decision of the Senate Impeachment Court.
Ridon made the statement in response to a hypothetical situation where the Impeachment Court changes its interpretation of the constitutional requirement for a two-thirds vote and convicts Duterte with fewer than 16 votes.
However, he declined to speculate on how such a scenario would unfold, saying that the issue would only be addressed if it actually happens.
The Constitution provides that no person shall be convicted in an impeachment trial ‘without the concurrence of two-thirds of all the Members of the Senate.’ The Senate Impeachment Court had previously maintained that 16 votes are required to convict Duterte. Senators who have been affected by cases include Sen. Ronald dela Rosa, Sen. Jose Pimenel Ejercito alias Jinggoy Estrada and Sen. Rodante Marcoleta.
Ridon emphasized that the prosecution is not seeking a specific interpretation of the voting requirement and that the decision ultimately belongs to the senator-judges. He said the role of the prosecution is only to present its arguments and allow the impeachment court to determine the proper application of the constitutional provision.
When asked about concerns that Senate Impeachment Court Presiding Officer Senator Francis Escudero would continue to uphold the 16-vote requirement, Ridon said that different positions on the issue have already been expressed.
‘There have already been statements from various officials. The presiding officer has his position, and the spokesperson of the court has also provided clarification,’ Ridon said.
However, he noted that the matter may still be subject to further discussion, saying that the question of the proper interpretation of the requirement has not yet been completely settled.
Quorum
RIDON said that the absence of some senator-judges should not affect the impeachment proceedings as long as the Senate Impeachment Court maintains a quorum.
He explained that the trial can continue even if some senator-judges are not physically present on the Senate floor, provided they remain within the Senate premises and the required number of members is present to conduct official proceedings.
Ridon added that the greater concern involves senator-judges who are completely outside the Senate premises, including those who are abroad.
Despite these concerns, Ridon stressed that the most important consideration is whether the Senate impeachment court has enough members present to establish a quorum.
‘As long as there is a quorum to proceed, that shouldn’t have any impact on the proceedings itself,’ Ridon said.
Ridon also clarified that the prosecution is not asking the Senate to reduce or adjust the number of votes required for conviction because determining the threshold is a matter for the senator-judges.
‘It is not for the prosecution or defense to determine the threshold. It is for the Senate judges to make that determination,’ Ridon said.
He reiterated that the Constitution does not specifically mention an absolute number of 16 votes but instead states that conviction requires the concurrence of two-thirds of all senators.
‘The Constitution does not state an absolute number of 16. It states two-thirds of all senators. Whatever that provision means will be decided by the Senate judges,’ Ridon explained.
The Senate Impeachment Court previously ruled that 16 votes are required to convict Duterte.