Former Supreme Court Chief Justice Hilario Davide Jr. told the Senate Impeachment Court that the two‑thirds vote required to convict in an impeachment trial should be computed only from senators qualified to vote, not the full 24.
Davide’s opinion, dated September 14 and submitted to the court, was sought as part of the amici curiae invited to weigh in on whether the 16‑vote threshold should apply in the impeachment case against Vice President Sara Duterte.
Citing Supreme Court rulings and constitutional intent, Davide argued that incapacitated, absent, or legally restrained senators should not be counted in the computation.
He referenced the 2007 case of former Sen. Antonio Trillanes IV, who was barred from Senate participation while in detention, noting that Congress continues to function despite absences.
“The basis of computing the two‑thirds must be the number of senators who are qualified to vote,” Davide stressed, warning that any contrary interpretation would “defy reason, logic and common sense.” # (ZIA LUNA)
