1987 Constitution Framer Christian Monsod expressed that the senators who are unable to sit as judges in the impeachment trial should not be counted in the count for the denominator.

The move of the Senate to change the voting-threshold in impeaching Vice President Sara Duterte gained different opinions. With a 13-6-1 voting result, the senator-judges voted to change the voting threshold as only 20 senator-judges physically attend the trial.

Twelve senator-judges from the majority bloc voted in favor of changing the voting threshold. The minority bloc except for Sen. Mark Villar did not participate in the voting while Senate impeachment court presiding officer Chiz Escudero stood by his ground.

Presidential sister and Sen. Imee Marcos claimed that the 1987 Constitution should not be changed, thus, the voting threshold should be left as it is. Sen. Mark Villar is mum on his decision to vote in favor of changing the number of votes to convict the Vice President.

Under the recent ruling, only 14 votes from the senator-judges are needed to convict Vice Pres. Sara Duterte — two (2) senators less from the previous voting-threshold if 24 senators are seated as judges. The 14 count is a rounded-off number from 13.333 which is the 2/3 if only 20 senators are seated as judges in the trial.

Senators Jinggoy Estrada and Rodante Marcoleta are currently detained due to the plunder charges filed against them. Estrada is being questioned over his alleged involvement in the flood control corruption while Marcoleta faces plunder for not declaring the multi-million donation he received during the elections in his Statement of Assets, Liabilities, and Net Worth (SALN).

Sen. Loren Legarda who is also faced with an investigation remains out of the country as she is on an extended medical leave. Sen. Bato dela Rosa remains in hiding amid a supposed arrest warrant issued by the International Criminal Court (ICC) against him.

Recently, amid the different opinions of the public including lawyers on the voting threshold to impeach Vice Pres. Sara Duterte, Christian Monsod who is one of the framers of the 1987 Constitution broke his silence. Based on One News, Monsod said the Senate impeachment court made the right move in revisiting the voting threshold.

“They are correct. The denominator can be changed,” the 1987 Constitution Framer said.

According to Christian Monsod, some senators who were not able to sit as judges in the impeachment trial could not be counted in the baseline for the 2/3 threshold to acquit or convict the Vice President. Based on the report, the 1987 Constitution Framer also spoke on the case of senators Jinggoy Estrada and Rodante Marcoleta.

“The plunder law says that all their power and rights as senator are suspended. In other words, they are only senators in name and not in substance. Therefore, they should not be included in the count of the denominator,” Monsod expressed.

Previously, Senate minority leader Alan Peter Cayetano spoke on the decision of their bloc not to participate in the voting on the threshold to convict Vice Pres. Sara Duterte.