Sen. Francis “Chiz” Escudero, the presiding officer of the Senate sitting as an impeachment court, said on Monday that 16 affirmative votes of senator-judges are required to convict Vice President Sara Duterte in her impeachment trial.
In his remarks after assuming the position as the impeachment court's presiding officer, Escudero stressed that the Constitution provides that no person shall be convicted without the concurrence of two-thirds of all the members of the Senate.
Escudero said this in the wake of the arrest hours earlier of Sen. Rodante Marcoleta on plunder charges. A few weeks ago, Sen. Jinggoy Estrada was also arrested on plunder charges and has since been suspended for 90 days.
Sen. Ronald "Bato" Dela Rosa, who has a warrant of arrest from the International Criminal Court for crimes against humanity, is believed to be on the lam.
“With 24 members of the Senate, a literal interpretation of this means that conviction requires the affirmative vote of at least 16 senator-judges,” Escudero said.
Escudero said that such an interpretation is supported in the 2000 case of Bayan v. Zamora, which concerned the Senate’s compliance with the two-thirds vote required to concur in a treaty.
He recalled that, despite having only 23 incumbent senators at the time, then-Senator Gloria Macapagal-Arroyo was elected vice president.