Marcoleta says no furlough bid for impeachment threshold vote
MANILA, Philippines — Detained Sen. Rodante Marcoleta vowed not not seek furlough from the Sandiganbayan to vote on a proposed change to the 16-vote threshold required for conviction in Vice President Sara Duterte's impeachment trial.
At a press conference following the hearing of his plunder case on Monday, September 16, Marcoleta argued that the 16-vote threshold should not be subject to a vote because it is already in the Constitution.
"I will not move for a furlough just to vote for a threshold," Marcoleta said. He was with Mike Defensor, a former lawmaker and detainee, at the event.
"I don't think the threshold is a subject of votation. It's already in the Constitution," he added.
The lawmaker also expressed disappointment that his Senate colleagues did not take up his July 20 manifestation on his participation in the impeachment trial.
His manifestation, according to Marcoleta, also contained questions on the legitimacy of Sen. Francis Escudero as presiding officer and concerning the 16-vote threshold.
"Kung 'di nila (Senate) ite-take up 'yon [manifestation], bakit pa ako makikipag-participate doon?" Marcoleta said.
(If they [the Senate] aren't going to take that up [the manifestation], why should I still participate in it?).
On September 16, three former Supreme Court chief justices, acting as "amici curiae," explained that the Constitution does not fix the number at 16 to convict an official in an impeachment trial.
According to retired magistrates invited to the Senate court, a conviction requires two-thirds of "all the Members of the Senate," but "all" should be interpreted as all qualified, participating members, not necessarily the full 24 if some are legally or physically unable to participate.
Questions about the conviction threshold arose following concerns raised by senator-judges over the applicable vote requirement, considering the Senate's incomplete membership.
This is due to the imprisonment of two senators, Marcoleta and Sen. Jinggoy Estrada, for plunder, and Sen. Bato Dela Rosa being at large due to an International Criminal Court warrant of arrest.
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