Panelo: Excluding absent senators from impeachment vote violates Constitution

The camp of Vice President Sara Duterte said Thursday that the Senate impeachment court violated the Constitution when it voted to base the two-thirds vote to convict on the number of senators who are capable of "legally and factually participating in the impeachment proceedings."

“This is a clear violation of our Constitution because the Constitution states two-thirds of all members of the Senate are needed for conviction. They changed this yesterday,” Atty. Paolo Panelo said during an Unang Balita interview.

He further said it is not within the power of the Senate to make the change "so this is grave abuse of discretion."

“While the impeachment court is sui generis (a class of its own), it should still follow due process and the Constitution. It was clear to us the ruling did not follow the Constitution,” he added.

Panelo, however, could not say for sure if the Vice President’s camp will raise the issue before the Supreme Court.

Article 11, Section 6 of the Constitution states that “the Senate shall have the sole power to try and decide all cases of impeachment.”

The same provision also states that “No person shall be convicted without the concurrence of two-thirds of all the Members of the Senate”, although it does not state a specific number for what constitutes two-thirds.

In a separate press conference, House prosecutor Terry Ridon of Bicol Saro party-list said the defense or those who disagree with the new threshold are free to go to the Supreme Court.

“If they think they have a case, they are free to go to the Supreme Court. We will wait for that petition and whatever the Supreme Court decides, we will abide by that,” he said.

Ridon, however, also said critics are free to lick their wounds over the decision of the Senate impeachment court on the threshold.

“Sa mga nagsasabi po na this is manipulated at kung ano ano pa ‘yung mga sinasabi nila, may tissue rito, punasan ninyo ang luha ninyo,” Ridon added.

The Senate impeachment court on Wednesday voted to base the two-thirds vote to convict Duterte on the number of senators who are capable of "legally and factually participating in the impeachment proceedings."

Excluded members are those:

• detained and/or suspended or otherwise legally restrained from exercising the functions of a senator,
• persons sought by authorities and whose whereabouts are unknown,
• suffering from a physical or medical incapacity,
• beyond the coercive processes of the Senate, and
• others similarly situated.

—AOL GMA News