Escudero cites Supreme Court ruling for 16-vote threshold in impeachment trial

Senate President Chiz Escudero has set the threshold for convicting Vice President Sara Duterte at 16 votes, citing a Supreme Court ruling that interprets the constitutional "two-thirds of all Members of the Senate" as referring to the full complement of 24 senators. This decision means that even if some senators are unable to vote due to being detained or facing international arrest warrants, the calculation for a conviction remains based on the full 24-member Senate. Escudero invoked the 2000 Supreme Court ruling in Bayan v. Zamora, which dealt with the constitutionality of the Visiting Forces Agreement (VFA). In that case, the Supreme Court held that the concurrence of "at least 16 members" was necessary, even when the Senate had only 23 sitting members at the time. "It behooves all of us to observe the same fidelity with the Constitution in this trial, which affects not only a mere ratification of a treaty, but more so affects the substantial rights of the respondent, and the sovereign will of the people," Escudero stated, emphasizing the importance of adhering to the constitutional mandate. He also noted that any party disagreeing with the ruling could seek judicial relief. The impeachment court's stance, as also put on record by Senator-judge Alan Cayetano, is that a senator only loses membership through death, removal by final judgment, or resignation. While the prosecution team had previously suggested a lower threshold of 14 votes, trial lead prosecutor Jinky Luistro acknowledged the matter as "highly debatable." Prosecution spokesman Benjamin "Jay" Tolosa Jr. stated that the team has yet to discuss whether to elevate the issue to the Supreme Court. This legal interpretation by Escudero sets a significant precedent for impeachment proceedings in the Philippines, highlighting the ongoing debate on constitutional interpretation in high-stakes political trials.