Senator Panfilo Lacson has been embroiled in a controversy over a fabricated Facebook post claiming he wants to lower the impeachment threshold of Vice President Sara Duterte from 16 to 14 votes. But what's the truth behind this claim?
Lacson did not make this statement. In fact, he agrees with the decision of trial presiding officer Chiz Escudero to maintain the 16-vote threshold.
According to Article XI, Section 3(6) of the 1987 Constitution, the conviction of an impeachable official requires the concurrence of two-thirds of all of the members of the Senate. Following his election as presiding officer of the impeachment court, Escudero said 16 votes are needed to convict Duterte, citing the 2000 Supreme Court ruling Bayan v Zamora in support of his interpretation that the Senate is composed of 24 members.
Lacson clarified if Escudero's pronouncement was a legal opinion or a ruling by the impeachment court, and Escudero confirmed that the pronouncement constituted a ruling by the impeachment court. Both senators have said that any party who disagrees with the decision is welcome to elevate the issue to the Supreme Court.
The issue around the number of votes needed for Duterte's conviction surfaced after some legal experts and the prosecution floated the possibility of lowering the conviction threshold due to the absence of sitting senators. Some suggested that the two-thirds conviction threshold should apply to the 21 senators who can participate in the trial, which translates to 14 required votes.
This came after Senators Jinggoy Estrada and Rodante Marcoleta were arrested over non-bailable plunder cases, and Senator Ronald 'Bato' dela Rosa remains in hiding after an arrest warrant was issued by the International Criminal Court naming the senator as one of former president Rodrigo Duterte's indirect co-conspirators in the drug war.
Duterte impeachment trial: Vice President Duterte is the first and only public official to be impeached twice by the House of Representatives. There are four articles of impeachment against Duterte involving alleged misuse of confidential funds, unexplained wealth, bribery of Department of Education officials, and grave threats against President Ferdinand Marcos Jr. and his family.
Her trial is now in its second week, with Office of the Vice President chief of staff Zuleika Lopez, National Bureau of Investigation Regional Director Jeremy Lotoc, and chief Melvin Matibag expected to appear.
In a statement, Lacson emphasized the importance of settling the voting threshold issue early in the trial to avoid legal complications once judgment in Duterte's case nears.