“Why should it be a subject of votation? Are you questioning the language of the Constitution?”

Sen. Rodante Marcoleta said Thursday that he had no intention of filing a furlough to participate in the pending vote on the interpretation of the impeachment threshold, saying the matter was already settled by the 1987 Constitution.

Marcoleta said no one has the “right to change the language of the Constitution,” arguing that Article XI, Section 3(6) clearly states that conviction requires the concurrence of two-thirds of all members of the Senate.

“The Constitution says that nobody should be judged guilty without the concurrence of two-thirds of all the members of the Senate, that’s it, it is as simple as that,” Marcoleta said in an interview.

The “votation” he referred to concerns the Senate impeachment court’s decision to revisit Presiding Officer Sen. Francis “Chiz” Escudero’s initial ruling that the conviction threshold was 16, based on the Supreme Court ruling in Bayan v. Zamora.

On Wednesday, 16 September, the Senate heard presentations from amici curiae, or friends of the court, on the interpretation of the constitutional provision.

Three of the four retired Supreme Court justices who appeared as amici curiae argued that the threshold should not automatically be fixed at 16, particularly because some senators have been unable to fully participate in the proceedings.

Retired Associate Justice Adolfo Azcuna, one of the framers of the Constitution, was the lone amicus who maintained that the provision was intended to consider all senators.

After hearing the positions of the amici curiae and the prosecution and defense, Escudero said the Senate would rule on the matter on 23 September.

Disappointment in colleagues

Marcoleta also told reporters that he has yet to receive a response to the manifestation he filed with the Senate on 20 July.

The manifestation contained his position on the threshold and questioned the “legitimacy” of Escudero presiding over the impeachment proceedings. Marcoleta argued that the Senate President, currently Sen. Sherwin Gatchalian, should preside.

He said the manifestation was his way of making his voice heard in the proceedings despite being unable to physically participate because he is detained at the New Quezon City Jail — Male Dormitory in connection with a plunder case before the Sandiganbayan.

“They did not take it up, despite my request for them to take it up as it was something substantial. I was disappointed, they didn’t even discuss it,” the lawmaker said.

The plunder case against Marcoleta stems from allegations involving P75 million in campaign donations he received from three donors for the 2025 national elections.