Ex-Con-Com Member Affirms Constitutionality of Excluding Detained Senators from Impeachment Vote Threshold

Christian Monsod, a framer of the 1987 Constitution, has affirmed that the Senate impeachment court did not commit any constitutional violation in basing Vice President Sara Duterte’s conviction threshold on the number of participating senators. "Yes, I think it's correct," Monsod told Super Radyo dzBB when asked if the impeachment did not violate any law with their ruling. Monsod explained that while the Constitutional Commission could not foresee every eventuality, laws like the plunder law stipulate that the powers of accused and detained government officials are suspended. "So all of their power is suspended. They are senators only in name, but no longer in substance. That’s why they shouldn't be included in the denominator," he said. The Senate impeachment court recently voted to base the two-thirds vote required for conviction on the number of senators "legally and factually participating in the impeachment proceedings." This decision effectively overturned an earlier ruling by presiding officer Senator-judge Francis "Chiz" Escudero, which had set the threshold at 16 votes, or two-thirds of all 24 senators. Thirteen senator-judges voted in favor of the motion put forward by Senator-judge Erwin Tulfo, who sought reconsideration of the July 6 ruling after some senators became unavailable to participate in the impeachment trial. "So the two-thirds ratio, that is unchangeable. But the denominator, it turns out, may be changeable and we did not foresee that this shall occur with the plunder law," Monsod said. Under the new ruling, senators who are detained, such as Jinggoy Estrada and Rodante Marcoleta, or those who remain at large due to an arrest warrant from the International Criminal Court, like Ronald "Bato" Dela Rosa, will not be included in the count. Senator Loren Legarda, who is on medical leave abroad for a lung condition, will also be excluded from participating in the vote. Monsod noted that Legarda's case might require further consideration based on the specifics of her absence and prior participation in deliberations. This ruling sets a significant precedent in the interpretation of impeachment voting thresholds in the Philippines, raising important questions about the scope of power and accountability for elected officials.