Sen. Robinhood Padilla questioned the Senate impeachment court’s decision to tackle the required number of votes for conviction while some senators remain unable to participate in the proceedings.
Padilla raised the concern on Wednesday as the Senate considered whether the constitutional requirement of two-thirds of the Senate should continue to mean 16 votes despite the absence of four of the chamber’s 24 members. The issue was brought before the impeachment court after Sen. Erwin Tulfo sought clarification on how the threshold should be applied under the current circumstances.
“Bakit hindi muna natin binago ang ating sariling rules upang ipaglaban ang karapatan ng ating mga miyembro na makadalo sa proceedings?” Padilla said.
The four senators who have not been regularly attending the trial are Jinggoy Estrada and Rodante Marcoleta, who are detained in connection with separate criminal cases; Ronald “Bato” dela Rosa, who has been absent amid an arrest warrant issued by the International Criminal Court; and Loren Legarda, who has been on medical leave abroad.
The question of attendance has become closely linked to the dispute over the conviction requirement because the Constitution provides that an impeached official cannot be convicted without the concurrence of two-thirds of all Senate members. The Senate impeachment court is scheduled to hear oral arguments on the matter on September 23.
The court sought the views of four retired Supreme Court justices on Wednesday. Former Chief Justices Hilario Davide Jr., Artemio Panganiban and Reynato Puno said the 16-vote requirement could be reconsidered, while former Associate Justice Adolfo Azcuna took a different position on the question of who should be included in determining the threshold.
Panganiban also argued that senators who have been continuously absent should voluntarily refrain from voting because they have not heard the evidence presented during the trial.
The Senate impeachment court will proceed with the scheduled oral arguments before senator-judges make a decision on the disputed voting threshold.
