By Jose Cielito Reganit
MANILA – Senior Deputy Majority Leader and Iloilo Rep. Lorenz Defensor on Wednesday stressed that only one-third of all House members are needed to send the impeachment case against Vice President Sara Duterte to the Senate, rejecting what he described as false claims that the complaint could fail if “no” votes outnumber “yes” votes in the plenary.
“It’s clear that under the Constitution, only one-third is required, and it’s the same intention of the framers of our Constitution. Laging one-third lang ang kailangan na boto para umakyat sa Senado (It’s always a one-third vote needed to transmit it to the Senate) for trial,” Defensor said in a televised interview.
Defensor pushed back against claims circulating online and in some legal commentaries that the impeachment complaint would automatically fail if negative votes exceeded affirmative votes during plenary voting.
“So, it’s the same na ‘pag galing sa committee, ‘pag aakyat sa plenary, one-third lang ang kailangan. Kahit mas marami ang ‘no’ (in the committee level and when referred to the plenary, only one-third is needed. Even if there are more ‘no’ votes), it doesn’t matter,” he said.
“That’s wrong, kasi ang one-third ‘yun lang ang kailangan para ma-transmit sa Senate for trial (because only one-third is needed to transmit it to the Senate for trial),” he added.
He also pointed to constitutional precedent, noting that impeachment complaints endorsed directly by at least one-third of House members are automatically transmitted to the Senate even without committee action.
Defensor also clarified that the House vote is not a determination of guilt, but merely a constitutional mechanism to determine whether sufficient grounds exist to elevate the case to a Senate impeachment trial.
“The one-third vote is not a vote for conviction. It’s simply to transmit it because there is sufficient evidence to have a trial in the Senate impeachment court,” he said.
“And it’s up to them (senator-judges) whether they will acquit or they will convict the respondent,” he added.
The House Committee on Justice has already referred its committee report, finding probable cause to impeach Duterte, along with the corresponding resolution setting forth the Articles of Impeachment, to the plenary, after voting 55-0 in favor of its approval.
All 318 members of the House of Representatives are expected to vote on the impeachment complaint on May 11. (PNA)
