MANILA — Senator-judge Erwin Tulfo said Wednesday that the framers of the 1987 Constitution may not have anticipated senators facing criminal charges such as plunder.

“May nagsabi rin po na siguro noong panahon po na ginagawa ang Constitution, ang mga kaso po ng mga senador noon ay either subversion, sedition, ‘yun po ang mga kaso. Pero ang mga senador po ay hindi nakakasuhan ng criminal, plunder at kung ano-ano pa,” Tulfo said during the Senate impeachment trial of Vice President Sara Duterte.

Tulfo said he was citing an argument raised by a lawyer who sent him a note on the types of cases faced by senators when the Constitution was drafted.

“Kaya po hindi siguro naisip ng mga framers ayon po sa isang abogado na nagpadala po sa akin ng note na maaring wala po nitong panahon na ito nang itinatag ang 1987 Constitution dahil ang mga kaso ng mga senador, tulad na lang po ng ama ng ating prosecutor dito, subversion po yata nung panahon ng martial law or after martial… Sedition, rebellion, hindi po plunder, hindi po pagnanakaw,” Tulfo added.

Defense argues 16 votes should be conviction threshold

Meanwhile, defense counsel Michael Poa argued during oral arguments that 16 votes should be the threshold for convicting an impeached official, including the vice president.

Poa cited the Supreme Court’s repeated position that interpretation is unnecessary when the language of a law is clear, arguing that the same principle supports requiring 16 votes for conviction.

He also cited Presiding Officer Francis “Chiz” Escudero’s ruling two months ago, noting that none of the senator-judges appealed the decision at the time.

Poa said the circumstances remain essentially the same, except for the absence of Sen. Loren Legarda from the current proceedings.

He also argued that, because the impeachment court is a court of records, senator-judges who were not present during the proceedings should be allowed to review transcripts and journals before voting.

If a senator-judge determines after reviewing the records that they cannot render an impartial decision, Poa said the senator may abstain.

The Senate impeachment court resumed Duterte’s impeachment trial Wednesday for its 29th day of proceedings.

The parties are presenting oral arguments on the number of votes required to convict an impeached official. Each side has 15 minutes to present its position, followed by questions from the senator-judges.

The proceedings center on a motion for reconsideration challenging Escudero’s ruling that 16 affirmative votes, or two-thirds of the 24-member Senate, are required for conviction.

The impeachment court may defer the scheduled vote if senator-judges seek more time to study the arguments.