Are Marcos’ minions in Congress plotting to amend the Constitution?
THE controversy over whether the Senate can reduce the votes required to convict an impeached official from 16 to 14 raises a question far more consequential than the fate of Vice President Sara Duterte. If senators can change an explicit numerical requirement of the Constitution through their own procedural rules, what prevents Congress from similarly altering other safeguards — including, and especially, the rules for amending the Constitution itself?
Article XI, Section 3(6) of the 1987 Constitution states: “No person shall be convicted without the concurrence of two-thirds of all the Members of the Senate.”
With 24 sitting senators, that requires 16 affirmative votes. It does not say two-thirds of those present, those voting, or those who have not abstained. The phrase is “all the Members.”
The proposed reduction to 14 would require excluding some senators from the denominator. Disguised as a technical adjustment, it raises a fundamental issue: Can a chamber’s procedural rules change the voting requirements categorically stipulated by the Constitution? If so, the implications extend well beyond impeachment. Numerous constitutional provisions demand specified fractions of all members precisely because certain powers should not be exercised by an ordinary political majority.
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