A recent column by SunStar Malilong humorously examines the ongoing debate among constitutional experts regarding the threshold for conviction in an impeachment trial. The author draws a comparison between the accounting and legal professions, illustrating how lawyers often overcomplicate simple questions.
The Joke That Started It All
The column opens with an old joke: when asked what one plus one is, an accountant immediately answers two. A lawyer, after serious reflection and mature deliberation, concludes that the answer is two. This anecdote sets the tone for a discussion on the precise language of Article XI, Section 3(6) of the Philippine Constitution.
The author notes that while mathematics is considered an exact science, law is not. This flexibility, the author argues, is what keeps legal professionals employed. However, the column questions whether the Constitution would have been written differently by an accountant, engineer, or mathematician.
The Controversial Constitutional Clause
Article XI, Section 3(6) states: “No person shall be convicted without the concurrence of two-thirds of all the Members of the Senate.” The column points out that this phrasing, while seemingly straightforward, has sparked debate among constitutionalists. The author speculates that the clause was likely drafted by a lawyer, as a mathematician would have simply written: “16 or more senators are needed to convict,” given that the Senate has 24 members.
Alternatively, the clause could have been framed from the perspective of acquittal: “If nine or more senators vote to acquit, then the accused shall be acquitted.” The author argues that such simplicity would have made the Constitution less engaging and deprived the public of the current amusement surrounding the debate.
A Call for Gratitude and Compensation
The column concludes with a tongue-in-cheek suggestion to thank legal professionals for their struggle with simple questions, as their serious reflection and mature deliberation provide entertainment. The author also advises paying them well for their efforts.
