A reader’s view on impeachment

(Our reader, Engr. Wenfredo Firme, shares his views on the issue of conviction in the ongoing impeachment trial before the Philippine Senate. Having closely observed the proceedings, he offers his perspective on the matter and the broader issues surrounding the impeachment process. The Bicol Mail provides him this space to make his views known to the public. –Editor)

CONVICTION IN IMPEACHMENT

1. Two-thirds vs 16

The Constitution states that a minimum of two-thirds (2/3) of the total

number of senators must vote for conviction in order to convict the

accused. It does not set the value to 16 votes. If the intention were to fix

the number at 16, then it should have been specified as 16. The fact that

it does not specify the number 16 means that the threshold is flexible and

does not have to always be 16.

2. Fluctuation in Senate’s Membership.

The framers of the Constitution were aware that the total number of

senators would not always be 24. They designed the constitutional

provision to accommodate fluctuations in membership, ensuring that the

two-thirds requirement remains proportional regardless of the Senate's

actual size at any given time.

3. When a Specific Number is Intended, the Number is Specified

This interpretation is further supported by the structure of other

constitutional provisions that do fix specific numbers when a fixed

number is intended. For example, the Constitution explicitly states that

the President must be at least 35 years old—a fixed, unchangeable

number.

4. Two-Thirds of a Variable Is Not a Static Count.

The two-thirds requirement for conviction is deliberately left as a fraction

rather than a fixed integer, indicating that the framers intended it to be a

proportional measure rather than a static count. This textual analysis

demonstrates that the framers' choice of language was not accidental but

rather a carefully considered mechanism for ensuring the Senate's

functionality across varying circumstances.

5. Possibility of Conviction

At present, only 21 senators (soon may be 20) are actively participating in

the impeachment, meaning that two-thirds of them would be 14. If 14

senators vote for conviction, then the VP would be convicted.