A lawyers' group has reminded the House of Representatives' private prosecutors of what the Constitution states regarding 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), said the principle of verba legis, or the "plain meaning rule," should apply in interpreting the constitutional provision.
"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.
He cited Article VIII, Section 4 of the Constitution, which provides that cases heard en banc by the Supreme Court shall be decided "with the concurrence of a majority of the members who actually took part in the deliberations on the issues in the case and voted thereon."
Inton noted that Rep. Joel Chua and lawyer Lorna Kapunan had argued that "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?" he asked.
He argued that Article XI, Section 3(6) of the Constitution contains no such qualifying phrase and simply states: "No person shall be convicted without the concurrence of two-thirds of all the Members of the Senate."
"Pero di ba nag-oath na sila Sen. Bato dela Rosa at Sen. Jinggoy Estrada bilang senator-judges ng impeachment court? Bakit mo sila tatanggalin sa bilang ng 'all'?" Inton said.
"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 na itinakda ng Konstitusyon," he added.
