The House prosecution panel is considering possible legal actions to clarify the vote threshold required for a conviction before the impeachment trial of Vice President Sara Duterte reaches the judgment stage.
Rep. Marcelino “Nonoy” Libanan Luistro said the prosecution team is currently focused on preparations for the pretrial conference. However, he acknowledged that there may be legal options available to address uncertainties regarding the number of votes needed for conviction.
According to Luistro, one possible course of action could involve seeking clarification from the Supreme Court. He emphasized, however, that any move in that direction would require careful study, particularly regarding its timing and legal basis.
The issue centers on the interpretation of the constitutional requirement that a conviction in an impeachment trial must be supported by a two-thirds vote of the Senate.
Luistro said his interpretation is that the computation should be based on the Senate’s coercive power and the number of senator-judges who may legally exercise such authority.
He pointed out that the Constitution specifically requires a vote of “two-thirds of all the Members of the Senate” and does not explicitly mention the number 24.
According to the congressman, his position is linked to the role of senators as representatives of the people in both legislative functions and impeachment proceedings.
Luistro also cited the Supreme Court ruling in Avelino v. Cuenco, a case that has been referenced in previous discussions concerning Senate quorum requirements.
The prosecution panel said it aims to prevent uncertainty over the interpretation of the voting requirement before the impeachment proceedings reach their final stages.
For now, prosecutors remain focused on pretrial preparations while continuing to examine legal questions that may affect the conduct and outcome of the impeachment trial.
No formal request for clarification has been announced as of this time.
