The House prosecution panel is studying whether a step is needed to clarify the required vote to convict Vice President Sara Duterte in the impeachment trial. Lead Prosecutor and Batangas Rep. Gerville Luistro said their group is focused on the pre-trial conference, but they will discuss how to avoid confusion over the interpretation of the two-thirds vote requirement in the Senate.
Debate Over Two-Thirds Interpretation
One point of contention is whether the two-thirds should be based on the total 24 senators or on the number of senators under the authority of the Senate at the time of voting. Luistro said the prosecution panel will announce its position once a decision is reached.
The possibility of seeking clarification from the Supreme Court remains open, but it must first be studied whether it is appropriate at the current stage of the case. Luistro also emphasized that “two-thirds of all members of the Senate” should be understood based on the actual number of senators able to participate in impeachment proceedings.
Legal Precedent Cited
Luistro cited the ruling in the Avelino v. Cuenco case as the basis for his view on the issue of Senate quorum and the Senate's authority. For now, the prosecution has not taken any final step and continues to study the issue while the pre-trial proceeds.
