The House prosecution panel will “sink or swim” with its evidence against Vice President Sara Duterte regardless of how the Senate viewed the constitutional ruling on the required number of votes for conviction, a lawmaker said.

Public prosecutor Rep. Keith Flores said Wednesday that they did not feel validated by the stance of three of the four amici curiae (friends of the court) that presented their interpretations of Article XI, Section 3(6) of the Constitution.

The law establishes the Senate’s sole power “to try and decide all cases of impeachment” and notes that no public official can be convicted “without the concurrence of two-thirds of all the Members of the Senate.”

Debates over how to view the ruling arose in the ongoing impeachment against Duterte, as four of the 24 senators are either detained or have been extensively absent from the proceedings.

Solons, farewell

Senator Jinggoy Estrada and Senator Rodante Marcoleta are each facing separate plunder cases before the Sandiganbayan and are currently detained at the New Quezon City Jail - Male Dormitory.

Senator Loren Legarda, meanwhile, is on her sixth medical leave while reportedly seeking medical treatment overseas, though the Office of the Ombudsman has since flagged the trip amid its ongoing investigations into “ghost electricity.”

Meanwhile, Senator Ronald “Bato” dela Rosa has not been seen since 14 May while hiding from his arrest warrant from the International Criminal Court.

Due to the developments, some lawmakers and legal luminaries including the three friends of the court have expressed that the two-thirds threshold should be interpreted in consideration of the members of the Senate that were present in the trial–20 senators.