Lawyer cites Constitution on Senate impeachment vote

A lawyer has urged House prosecutors to apply the constitutional principle of verba legis, or the "plain meaning rule," in interpreting the phrase "all members of the Senate" in the impeachment trial of Vice President Sara Duterte.

Atty. Ariel Inton, founder and president of the Lawyers for Commuters' Safety and Protection (LCSP), argued that the Constitution's wording is clear and should not be subject to reinterpretation.

“Sa pag-interpret ng batas, may legal principle na verba legis o 'plain meaning rule' na ibig sabihin, 'Courts do not interpret a law if the law is already clear, categorical and free from ambiguity,'” Inton said.

Inton was responding to arguments previously raised by Rep. Joel Chua and lawyer Lorna Kapunan that the phrase "all members of the Senate" refers only to senators who actually participate in the impeachment trial.

“Kaya ang two-thirds vote of all members of the Senate ay two-thirds ng senators who actually participate in the trial. Opinyon nila 'yan. Pero may basehan ba?” Inton asked.

He noted that Article XI, Section 3(6) of the Constitution simply states: “No person shall be convicted without the concurrence of two-thirds of all the Members of the Senate.”

“Sikapin na lang ninyo, Cong. Joel Chua at Atty. Lorna Kapunan, na makuha ang 16 votes para ma-convict si VP Sara ayon sa Saligang Batas at huwag ipilit na bawasan ang bilang ayon sa Saligang Batas,” Inton said.

He argued that if the framers of the Constitution intended to count only senators who actually participated in the trial, they would have expressly included such qualifying language in the provision.