Philippine Senate lowers threshold for conviction in VP Duterte's impeachment trial

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MANILA: The Philippine Senate, sitting as an impeachment court, on Wednesday (Sep 23) lowered the number of votes needed to convict Vice President Sara Duterte, reducing the threshold prosecutors must clear to secure a guilty verdict.

The court ruled that only senator-judges who are able to participate in the trial should be counted when determining the threshold for conviction. 

Four of the 24 senator-judges have been unable to participate in the proceedings and cannot vote.

The constitution requires a two-thirds vote to convict an impeached official, so the decision means prosecutors now need 14 votes instead of 16 to gain a conviction. 

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The decision could have broader implications if more senator-judges become unable to participate in the proceedings.

Thirteen lawmakers voted in favour of the ruling, while six, most of whom are seen as Duterte's allies, did not participate in the proceedings. One senator voted against lowering the vote threshold.

Four senators have been unable to take part in Duterte's impeachment trial due to legal actions against some, which include a scandal in a multi-billion-dollar public works programme and the International Criminal Court's investigation into a bloody "war on drugs" led by Duterte's father, former President Rodrigo Duterte.

"The vote may also offer a glimpse of how the final (impeachment) voting could go, although nothing is assured at this time. Senators still have to weigh the evidence, and, admittedly, weigh public opinion," said Ederson Tapia, public administration professor at the University of Makati. 

"But if I were Vice President Duterte, I would be concerned."

BEST CHANCE TO SECURE CONVICTION

The impeachment trial follows a high-profile fallout between Duterte and her former ally and running mate President Ferdinand Marcos Jr and the outcome could shape the 2028 presidential election, which Duterte intends to contest.

Marcos is limited by the constitution to a single term in office and is expected to back a successor.

Duterte, a frontrunner in early opinion polls, faces a ban from holding political office if convicted by the court and would be out of the presidential running.

She stands accused of misusing public funds, amassing unexplained wealth and threatening the lives of Marcos, the first lady and a former House Speaker. Duterte denies wrongdoing.

"This is the best chance to secure a conviction," Michael Henry Yusingco, a senior research fellow at the Ateneo Policy Center in Manila, said of the court's decision to lower the voting threshold.

After the ruling, Duterte's lawyers said the vice president "does not shrink from accountability, nor does she fear the outcome of this impeachment trial", but said that her participation in the trial would be undertaken "with caution".

Duterte's lawyers added she reserved the right to pursue all legal remedies available under the law, while continuing to seek what they described as a fair and impartial trial.

Marcos and Duterte won office in 2022 on a joint "UniTeam" ticket, securing a landslide victory after uniting two of the Philippines' most powerful political dynasties. Their alliance later unravelled amid escalating disputes over policy, power and control of Congress.

The vice president is also facing separate criminal charges of grave threats arising from threats against Marcos and members of his family. She has denied criminal liability and is out on bail.

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