Manila: Senior Deputy Majority Leader and Iloilo Representative Lorenz Defensor emphasized that only one-third of the House members are necessary to advance the impeachment case against Vice President Sara Duterte to the Senate, dismissing claims that the complaint could fail if 'no' votes outnumber 'yes' votes in the plenary.
According to Philippines News Agency, Defensor stated during a televised interview that the Constitution only requires a one-third vote to send an impeachment case to the Senate for trial. He referred to the framers' original intentions and underscored the consistent application of this rule. "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 explained.
Defensor addressed the misinformation circulating online and in some legal circles claiming that an impeachment complaint would fail if there were more negative than affirmative votes during plenary voting. He clarified that even if 'no' votes exceed 'yes' votes, only one-third is necessary for the impeachment complaint to proceed to the Senate. "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," Defensor stated.
He further highlighted the constitutional precedent where impeachment complaints endorsed by at least one-third of House members are automatically sent to the Senate without requiring committee action. Defensor also clarified that the House vote serves as a mechanism to determine if there are sufficient grounds to proceed with a Senate impeachment trial, not as a determination of guilt. "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 noted, adding that the final decision lies with the senator-judges.
The House Committee on Justice has already forwarded its committee report, which found probable cause to impeach Duterte, alongside the Articles of Impeachment resolution, to the plenary after a unanimous 55-0 vote in favor of its approval. All 318 members of the House of Representatives are scheduled to vote on the impeachment complaint on May 11.