FALSE: Majority bloc is enough to convict VPSD, no need for rules — Sen. Tito Sotto

A circulating post quotes Senator Tito Sotto claiming that the Senate majority bloc is enough to convict Vice President Sara Duterte and rules are not needed to fasten the conviction process.

CLAIM

A circulating social media quote card from TEAM SARA DUTERTE Facebook page shows Senator Vicente “Tito” Sotto saying that the 13 senators from the majority bloc is enough to convict Vice President Sara Duterte and that rules are not needed anymore to prolong the conviction process.

RATING: FALSE

CONCLUSION

There are no credible statements, interviews, posts, or media reports that prove Sotto’s claims that the Senate majority bloc is sufficient for Duterte’s conviction and that Senate rules are not needed to expedite the impeachment proceedings and conviction process.

THE FACTS

• Based on Article XI, Section 3 (6) of the 1987 Philippine Constitution, “no person shall be convicted without the concurrence of two-thirds of all the Members of the Senate.”
• Last July 6, impeachment trial presiding officer Chiz Escudero has already settled the number of votes needed to convict VP Duterte to 16, citing the 2000 Supreme Court ruling of Bayan v. Zamora case as a basis.
• There are several law practitioners that challenge and question Escudero’s settlement with 16 votes for Duterte’s conviction, pointing out the absence of three senators as senator-judges—Senators Jinggoy Estrada, Rodante Marcoleta, and Ronald Dela Rosa—and its significance to the conviction threshold.
• Speaking about the concurrence of two-thirds of the senators in a media briefing, Congresswoman and lead prosecutor Gerville Luistro said that the vote to convict VP Duterte should be reduced from 16 to 14, if more senators cannot participate in the impeachment proceedings. “If you can attend, if you can participate, if you can vote, then you are representing the interests of the Filipino people. But if you are beyond the reach of any coercive measures, and you did not attend, and you did not vote, why should you be counted for the purpose of determining the number of votes required?,” she said.
• Vice President Sara Duterte is currently accused of culpable violation of the Constitution, graft and corruption, and betrayal of public trust, based on her four articles of impeachment. Duterte recently became the first Philippine public official to be impeached twice by the House.

THE BOTTOMLINE

As of this writing, the Senate will follow the 2000 Bayan v. Zamora ruling, which states that 16 out of 24 senators are needed to convict a high-ranking public official, as ruled by presiding officer Escudero. There are no released jurisprudence, statements, or reports indicating that the threshold of conviction for Duterte will be reduced to lower than 16.