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WATCH: Denominator Can Change, But 2/3 Threshold Is Sacred – Monsod

WATCH: Denominator Can Change, But 2/3 Threshold Is Sacred – Monsod
Christian Monsod, one of the framers of the 1987 Constitution, speaks during a Senate hearing on Charter change on Aug. 25, 2022.

Constitutional framer Christian Monsod said the Senate made the right decision in revising the voting threshold to convict or acquit Vice President Sara Duterte.

“They are correct. The denominator can be changed,”Monsod said in an interview with “Storycon” on One News on Wednesday, Sept. 23.

For instance, Monsod said “the plunder law says that all their power and rights as senator are suspended. In other words, they are only senators in name and not in substance.”

He was referring to Senators Jinggoy Estrada and Rodante Marcoleta, who were unable to sit as judges in the impeachment trial of Duterte because they were detained for alleged plunder.

“Therefore, they should not be included in the count of the denominator,” Monsod said.

Former Senate president Franklin Drilon also told “Storycon” the two-thirds threshold should be based on senators who are available and subject to the Senate’s compulsory jurisdiction.

Sen. Erwin Tulfo, in a press conference, and lawyer-impeachment court spokesperson Regie Tongol, in an interview with “Political Beat” on One News on Wednesday, clarified that the Senate did not lower the two-thirds requirement for conviction, but interpreted who among the senators may be included in the voting baseline.