Senate vote on Sara Duterte impeach threshold 'gives clarity' but not victory, says prosecution

The threshold for conviction in the impeachment trial of Philippine Vice President Sara Duterte has been clarified by the Senate, a move the prosecution described as providing "clarity" but not guaranteeing victory. Lead House prosecutor Gerville Luistro explained that the Senate impeachment court's decision to set the threshold for conviction at two-thirds of all senators "legally and factually participating" in the proceedings offers clarity to a long-standing discussion among Filipinos. "Finally, there has been clarity on this long discussion of the Filipino people concerning the threshold vote," Luistro said in a press conference. She emphasized that the Senate's power to clarify the threshold vote aligns with its "exclusive power to try and decide all impeachment cases" as stated in Article 11, Section 6 of the Constitution. "I think this is very significant as we continue the impeachment trial. It will be more difficult if the issue remains unresolved at this point," Luistro added. Article 11, Section 6 of the Constitution states that "no person shall be convicted without the concurrence of two-thirds of all the Members of the Senate," but it does not specify a numerical count. "Two-thirds is two-thirds," Luistro asserted, clarifying that the impeachment court's decision to exclude absent senators aligns with the constitutional provision. "What the impeachment court made clear is the phrase 'all members of the Senate,' whether the same pertains to all 24 or whether pertains to all who are legally and factually qualified only," she added. The motion to alter the threshold was introduced by Senator-judge Erwin Tulfo, citing the absence of four senators from the impeachment trial proceedings for various reasons. Senators Jinggoy Estrada and Rodante Marcoleta are detained on plunder and other charges, respectively. Senator "Bato" dela Rosa is in hiding amid an arrest warrant from the International Criminal Court, and Senator Loren Legarda is on extended medical leave abroad. Luistro explained that while this decision allows for a reduced number of votes needed for conviction, it also lowers the number of votes required for acquittal. For instance, if the denominator is reduced to 20 senators, conviction requires 14 votes, but acquittal would only need seven. This contrasts with a scenario where all 24 senators participate, requiring 16 votes for conviction and nine for acquittal. Therefore, she stated, it is incorrect to say that only the votes for conviction have been lowered. Furthermore, Luistro cautioned that the vote on the threshold does not necessarily predetermine the final verdict. "Their (Senator judges') position on the threshold vote does not necessarily show there would be position on the verdict of this impeachment trial. I believe the position of the Senator judges depends on the question confronting them," she said. "I have so much respect for all the members of the impeachment court and I know they are painstakingly evaluating the evidence to come up with their fair and impartial judgment come the time they cast their vote. Besides, this is far from over. We are not even done with [presentation of evidence for unexplained wealth. There’s still bribery, and the turn of the defense to present their evidence," Luistro added. Prosecutor Terry Ridon reiterated that the burden of proof rests with the prosecution, regardless of the threshold vote. "The burden continues for the prosecution to deliver on the evidence and we are committed to do that, regardless of the threshold," Ridon said. "The trial goes on, and we are very much confident with the strength of evidence that we are presenting in this impeachment trial. Whether it is 16, whether it is 14, regardless of the vote, the obligation of the prosecution remains the same," Luistro concluded. Source: GMA News Philippines