MANILA, Philippines – Impeachment trial presiding officer Chiz Escudero set the conviction threshold in the trial of Vice President Sara Duterte to 16.

The decision comes amid legal interpretations that the two-thirds conviction threshold of the Constitution can mean only 14, as only 21 out of 24 senators can participate in the trial of Duterte.

In a speech following his election as presiding officer on Monday, July 6, the senator said the 2000 Supreme Court ruling Bayan v Zamora supports the interpretation that the Senate is composed of 24 members.

“Despite having 23 incumbent senators at the time, the court held that charter provides that the Senate shall be composed of 24 senators,” Escudero said. Gloria Macapagal-Arroyo, who won in the senatorial race in 1995, vacated her seat in 1998 after ascending to the vice presidency.

“It behooves all of us to observe the same fidelity with the Constitution in this trial, which affects not only a mere ratification of a treaty, but more so affects the substantial rights of the respondent, and the sovereign will of the people,” he added.

Escudero, however, said that any party who disagrees with the decision may seek judicial relief.

“Should the Supreme Court… render a different ruling on this question other than what the court stated, this court and this representation shall faithfully abide by that ruling,” Escudero said.

Out of 24 senators, two are in jail for the non-bailable case of plunder, namely senators Rodante Marcoleta and Jinggoy Estrada. Senator Bato dela Rosa is hiding amid an active International Criminal Court warrant.

The prosecution previously floated the possibility of lowering the conviction threshold as the number of senators beyond the coercive jurisdiction of the Senate rises.

– Rappler.com