A lawyers’ group has challenged arguments that only senators who actively participate in Vice President Sara Duterte’s impeachment trial should be counted in determining the number of votes needed for conviction.
Atty. Ariel Inton, founder and president of Lawyers for Commuters’ Safety and Protection, said the Constitution’s wording is clear and should be interpreted using the legal principle of verba legis, or the plain meaning rule.
“In interpreting laws, there is a legal principle called verba legis or the plain meaning rule, which means courts do not interpret a law if the law is already clear, categorical and free from ambiguity,” Inton said.
He was referring to Article XI, Section 3(6) of the Constitution, which states: “No person shall be convicted without the concurrence of two-thirds of all the Members of the Senate.”
Inton disputed earlier views expressed by House prosecution spokesperson Rep. Joel Chua and lawyer Lorna Kapunan that the phrase “all members of the Senate” should refer only to senators who actually participate in the impeachment proceedings.
“They say that two-thirds of all members of the Senate means two-thirds of senators who actually participate in the trial. That is their opinion. But is there a basis for it?” Inton said.
To support his position, Inton cited Article VIII, Section 4 of the Constitution, which explicitly uses the phrase “members who actually took part in the deliberations” when describing how the Supreme Court decides cases.
Focus on getting 16
He argued that the framers of the Constitution could have used similar language in the impeachment provision if they intended the vote requirement to apply only to participating senators.
“But that is not what the Constitution says,” he said.
Inton also questioned the exclusion of senators who have already taken their oath as senator-judges, including Senators Ronald “Bato” dela Rosa and Jinggoy Estrada.
“They have already taken their oath as senator-judges of the impeachment court. Why would they be removed from the count of all members?” he asked.
According to Inton, the phrase “who actually took part in the deliberations” does not appear in the impeachment provision and should not be read into the Constitution.
He urged House prosecutors to focus on securing the votes required by the Constitution rather than advancing a different interpretation of the voting threshold.
“Just strive to get the 16 votes needed to convict Vice President Sara under the Constitution and do not insist on reducing the number required under the Charter,” Inton said.
