Senate impeachment court presiding officer Francis “Chiz” Escudero said he is open to the possibility of a petition being filed before the Supreme Court to question his ruling requiring at least 16 votes from senator-judges to convict Vice President Sara Duterte in her impeachment trial.
Escudero said his decision is based on the Supreme Court’s ruling in Bayan v. Zamora, which states that the required number of votes should be based on the Senate’s full membership of 24 senators.
The issue emerged after the Senate’s number of active members was reduced.
According to Escudero, the voting threshold remains based on the chamber’s total membership despite the current absence of some senators.
The matter gained attention following the detention of Senators Jinggoy Estrada and Rodante Marcoleta, while Sen. Ronald “Bato” dela Rosa is also absent as he faces possible arrest by the International Criminal Court (ICC).
Despite the debate over the voting requirement, former Supreme Court Associate Justice Adolfo Azcuna said there is no immediate need to elevate the issue to the Supreme Court.
Azcuna explained that the impeachment proceedings have not yet reached the stage where senator-judges will cast their votes on whether to convict or acquit the vice president.
He said any legal challenge regarding the required number of votes would be more appropriate once the impeachment trial reaches the voting phase.
The Senate impeachment court continues to hear the case against Duterte, while questions surrounding the voting requirement remain part of the legal discussion ahead of the eventual judgment.
