MANILA— Manila Rep. Bienvenido “Benny” Abante Jr. urged the Senate impeachment court to consider fairness and justice as it determines the number of votes needed to convict Vice President Sara Z. Duterte.

Abante, chairperson of the House Committee on Human Rights, said the Senate has the authority to determine how the Constitution’s requirement of “two-thirds of all the Members of the Senate” should be applied when some senator-judges are not participating or may be unable to perform their duties.

“It is still up to the impeachment court to actually amend the rules, not to change it, but to amend it according to fairness and justice,” Abante said during an online press briefing.

The impeachment court is reviewing Presiding Officer Sen. Francis “Chiz” Escudero’s earlier ruling that 16 votes, equivalent to two-thirds of the Senate’s 24 members, are needed for a conviction.

The issue was taken up this week after the court sought the opinions of four former Supreme Court magistrates serving as amici curiae, or friends of the court.

Retired Chief Justices Hilario Davide Jr., Artemio Panganiban and Reynato Puno said the required number of votes is not necessarily fixed at 16 and could depend on which senators may legally be included in the count.

Retired Associate Justice Adolfo Azcuna, however, maintained that all sitting senators should remain in the denominator and that the threshold should be fixed rather than variable.

Abante said the differing opinions provide guidance to the senator-judges in addressing what he described as an issue that the Constitution does not express as an absolute number.

“Wala namang sinabing 16. Ang sinabi, two-thirds of all members,” Abante said.

“Gray area ’yung all members. Sino po sila? Ano po ba sila?” he added.

He also raised questions about fairness if a senator-judge who did not follow the presentation of evidence is included in determining the threshold or takes part in the final decision.

Abante said the senator-judges should consider the views of the former magistrates as well as the principles governing a fair proceeding.

“Naniniwala naman ako that the senator-judges have heard the four magistrates sa mga sinabi, and I believe that all of them, all of them, will be able to really make judgment on the basis of fairness, truth, and justice,” said Abante.

The prosecution and Duterte’s defense team are scheduled to present their respective arguments on the threshold before the impeachment court on Sept. 23.

Escudero’s 16-vote ruling remains in effect unless the impeachment court decides to overturn it.

Abante also said the debate over the required number of votes should not overshadow the allegations and evidence at the center of Duterte’s impeachment trial.

“Pag-usapan natin ganito: ’Yun po bang Bise Presidente, sinagot na ang mga allegations?” he said.

He renewed his call for Duterte to personally answer the accusations against her, while stressing that doing so would not amount to a presumption of guilt.

According to Abante, the proceedings should establish the truth by allowing both the prosecution and defense to present their evidence and witnesses.

“We want the truth to come out. We want accountability. We want transparency. We want fairness and justice in this impeachment court,” Abante said.

“And that is what the Filipino people want. Nais po ng taong-bayan na makita ang katotohanan tungkol dito,” he added.