MANILA, Philippines — Retired chief justice Reynato Puno said the 16-vote threshold for conviction in an impeachment trial should not be treated as fixed as the Constitution does not explicitly fix the number of votes needed for a conviction.
Speaking as an amicus curiae or friend of the Senate Impeachment Court, Puno said that the Constitution requires two-thirds of all Senate members, arguing that the number of votes may change depending on circumstances that legally prevent some senators from performing their duties.
"Article XI, Section 3 (6) should have simply stated that the number of votes to convict is 16, period. But Article XI, Section 3(6) did not say so. Instead, the language used a fraction. It says two-thirds of all members of the Senate. By using two-thirds, the number of votes to convict will have to move depending on certain factors," Puno said.
"But more than that, a strict, standalone literal interpretation of Article XI, Section 3(6) may result in absurdities and may result in injustices which will defeat the purpose of the Constitution," he added.
