Gatchalian: 16 votes still needed to convict Sara Duterte

MANILA, Philippines — Amid discussions of what constitutes a quorum at the Senate, 16 votes will still be required to convict Vice President Sara Duterte in an impeachment court, Senate President Pro Tempore Sherwin Gatchalian affirmed on Wednesday.

Gatchalian earlier upheld that the 12-person quorum when he was elected is legal, citing a precedent that only counted members capable of physical attendance in plenary; however, this does not apply to the impeachment court.

“The rules are clear. And the constitutional threshold — 16 votes — will be faithfully observed. The Constitution is clear. Our duty is to follow the Constitution, and that is what we will do,” the senator said.

READ: Senate invites parties, sets June 18 impeachment pre-trial conference

According to Article XI, Section 3 of the 1987 Constitution, a conviction of the impeached requires two-thirds of all the members of the Senate.

In accordance with the rule, Gatchalian asserted: “With the Senate’s membership fixed at 24, the conviction threshold is 16 votes, and it will remain 16 votes regardless of how many senators attend the trial, which bloc controls the chamber, or who presides over the impeachment court.”

The pre-trial for Duterte’s impeachment is scheduled for June 18, while the trial proper is set to begin on July 6.

During the pre-trial, the House prosecution and the vice president’s defense team will present and admit witnesses and evidence; guidelines and logistics will be agreed upon, among others.

The vice president is facing the following complaints: 

• culpable violation of the Constitution, graft and corruption, and betrayal of public trust through the systematic liquidation misuse, misappropriation, and irregular of confidential funds amounting to P500 million under the Office of the Vice President (OVP) and P112.5 million under the Department of Education (DepEd);
• culpable violation of the Constitution and betrayal of public trust when Duterte amassed unexplained wealth manifestly disproportionate to her lawful income and earnings during her incumbency as a public official;
• bribery, graft and corruption, culpable violation of the Constitution, and betrayal of public trust when she gave monetary gifts or payments to DepEd officials to induce the violation and circumvention of procurement and other related laws; and
• culpable violation of the Constitution, high crimes, and betrayal of public trust by contracting for the assassination of the President, the First Lady, and the former speaker of the House, by making grave threats, and by actively inciting sedition against the republic. /das /atm