Senator Marcoleta threatens to boycott VP Duterte trial over alleged Constitutional flaws

Senator Rodante Marcoleta announced Monday that he may withdraw from the impeachment trial of Vice President Sara Duterte if the Senate Impeachment Court adopts procedures he considers unconstitutional.

His warning comes as the court prepares for oral arguments on a crucial constitutional question: the exact voting threshold required to convict the Vice President.

Marcoleta raised two primary objections to the proceedings, questioning both the designation of Sen. Francis “Chiz” Escudero as presiding officer and the Senate’s reliance on internal rules to determine voting requirements.

Specifically, Marcoleta argued that the Constitution mandates the Senate President preside over impeachment proceedings unless the President of the Philippines is the respondent. He further contended that the chamber’s rule-making authority cannot override or modify substantive constitutional provisions.

“I am no longer inclined to seek participation in the impeachment trial of Vice President Sara Duterte, including its eventual deliberations leading to the voting, if the Impeachment Court ultimately proceeds in a way that will desecrate the Constitution,” Marcoleta said in a statement.

The Senate Impeachment Court is scheduled to address the voting threshold on Wednesday. Escudero previously ruled that 16 affirmative votes—representing two-thirds of the 24-member Senate—are required for conviction.

The core of the dispute hinges on the constitutional mandate requiring the concurrence of “two-thirds of all the Members of the Senate,” and how that rule applies given the absence of several senator-judges.

While acknowledging that the Senate has the power to set rules for its proceedings, Marcoleta stressed that internal rules cannot alter explicit constitutional mandates.

“If the Impeachment Court eventually adopts a threshold that deviates from the Constitution’s plain language and meaning, while the trial proceeds under a presiding authority of doubtful constitutional validity, these twin violations would fatally taint the legitimacy and integrity of the impeachment trial,” Marcoleta warned, adding that any verdict produced under these conditions would be vulnerable to a Supreme Court challenge.

Marcoleta, who is currently detained on separate plunder charges, previously stated he would not request a temporary furlough to attend Wednesday’s hearing on the voting threshold. He has repeatedly challenged Escudero’s authority to preside over the trial.