Senator Alan Cayetano: PH Supreme Court must settle 'majority issue' before VP impeachment trial

Senate Minority Leader Alan Peter Cayetano warned that the impeachment trial of Vice President Sara Duterte could be compromised unless the Supreme Court resolves the dispute over what constitutes a majority of the Senate.

Cayetano's bloc filed a manifestation before the Supreme Court on June 30 reiterating its petition challenging the validity of the June 3 Senate session, which it described as a "rump session."

In a Facebook livestream on the same day, Cayetano said the High Court must clarify the constitutional meaning of a "majority of all members" before the Senate convenes as an impeachment court on July 6.

"This is not about the Senate Presidency. This is about Constitutional order. It is about the numbers, but it is also about the moral boundaries and the law. Ano ba ang 'majority of all members'?"

He rejected accusations that his group was delaying the impeachment proceedings.

"Sabi nila we are obstructing justice. Hindi po — we are obstructing injustice."

Under the Constitution, an impeachment conviction requires the concurrence of two-thirds of all Senate members, or at least 16 votes.

Cayetano, however, said questions have arisen over the required number of votes following proposals to lower the threshold if some senators are unable to participate in the trial.

He pointed to the legal cases involving senators aligned with his bloc, noting that Sen. Jinggoy Estrada was arrested on June 1 over an alleged plunder case after declaring he would remain with the minority, while Sen. Rodante Marcoleta has also been charged with non-bailable plunder before the Sandiganbayan.

According to Cayetano, a non-bailable charge would prevent Marcoleta from attending Senate sessions, committee hearings and the impeachment trial while the case is pending.

"We're not against the full application of the law. Lahat ng dapat managot, dapat managot. Pero hindi naman po pwedeng aayusan ng non-bailable na kaso para mabawasan ang mga senador at hindi na pwede mag-participate. Tapos kapag kumampi, abswelto na o wala nang kaso."

He argued that the unresolved constitutional question over the phrase "all members of the House" could affect the impeachment proceedings if the conviction threshold is adjusted based on the number of senators present.

"Narinig na nating sinabi n'ung iba na kapag 22 lang sila (senators), baka hindi 16 ang kailangan para mag-convict. Ibig sabihin po ba noon, kapag anim ang kinulong na senador eh sa 12 [boto] pwede nang i-convict ang kahit na sinong impeachable officer?"

Cayetano also reiterated his opposition to what he described as efforts to bend the law for political advantage or to weaken democratic institutions.

"'Pag injustice na po, kailangan magsakripisyo na po tayo. Kasi po patapang na nang patapang ang mga nagnanakaw. Patapang na nang patapang ang cover-up."

-Paraluman News