Who rewrote the scorecard?
In golf, the integrity of the game depends not only on penalties but on the confidence that the same rules apply to everybody.
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In golf, the integrity of the game depends not only on penalties but on the confidence that the same rules apply to everybody.
Golfers live by the rules.
There is no room for conveniently changing the rules when the score is not going your way. You hit the wrong ball, you take a penalty. You move the ball when you shouldn’t, there is a penalty. You sign an incorrect scorecard, you can pay a heavy price.
That is what makes golf such a different sport. There is no referee standing beside every player. Golfers are expected to know the rules, follow them and, perhaps most importantly, call penalties on themselves.
The rules are not supposed to change because the identity of the player has changed or because the result has suddenly become inconvenient.
You cannot hit the wrong ball, get your playing partners to agree that it is okay, and simply carry on. In competition, the rules apply regardless of who made the mistake. If the breach is serious enough, everyone involved can pay the price.
Politics has no place in sports, this column included. But sometimes an issue comes along that is too important to simply ignore.
That is why the recent decision of the Senate impeachment court on the two-thirds requirement for conviction deserves careful scrutiny.
The 1987 Constitution provides that an impeached official cannot be convicted “without the concurrence of two-thirds of all the Members of the Senate.”
The impeachment court has now ruled that, for the current case, “all the Members” refers to senators who are legally and factually capable of participating when judgment is rendered. The court said the two-thirds requirement itself remains intact; what changes is the group of senators from which that two-thirds is calculated.
With 24 senators, two-thirds is 16.
If the voting base is reduced to 21 eligible participants, two-thirds becomes 14.
That is not technically a reduction of the fraction. It is a change in the denominator.
And that distinction matters.
There are respected legal opinions on both sides of the question. Retired Chief Justice Hilario Davide Jr. argued that the threshold should be based on senators legally and physically qualified to vote, while retired Associate Justice Adolfo Azcuna took the opposite view, saying that “all” means all 24 members as long as they remain senators.
So this is not as simple as saying that the Constitution was plainly changed.
But it does raise an uncomfortable question: Should the number of votes required to convict be capable of changing during the same impeachment proceeding because the number of senators able to participate changes?
The Senate court has said its ruling applies only to the present case and does not automatically bind future impeachment courts.
That may resolve the immediate procedural question. It does not necessarily settle the larger constitutional debate, which has already reached the Supreme Court.
And this is where the golf analogy becomes important.
In golf, the integrity of the game depends not only on penalties but on the confidence that the same rules apply to everybody.
You cannot tell one golfer that a rule means one thing on Monday and something else on Friday simply because the circumstances have changed. If a rule is unclear, its interpretation should be settled as fairly and consistently as possible.
Impeachment is obviously far more consequential than a golf tournament. It can remove a public official from office and disqualify that person from holding public office.
That makes consistency even more important.
The issue, therefore, should not simply be whether 16 votes, 14 votes, or whatever number eventually applies is enough. The bigger question is whether the constitutional provision is being interpreted according to a principle that can be applied consistently, regardless of who is being tried.
Golf teaches a simple lesson: the rules matter most when the stakes are highest.
Because when the game is close, nobody should be wondering whether the rules changed because the score did.
Or, worse, whether the interpretation changed because of who was holding the scorecard.
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