SENATOR-JUDGE ALAN PETER CAYETANO:
(0:00) … I-confirm that yesterday we heard the same thing and when the transcripts come out of course then it will be available to everyone. Basically yesterday I clarified whether that was the opinion of the elected presiding officer and of course without any offense to my brother and friend Senator Escudero, we have a continuing objection. I asked him whether this was already a ruling of the court because if it’s the ruling of the court then as a threshold issue we will have no further questions. Section 22… Article 22 of our Rules says that all orders, decisions may be acted upon without objection or if objection is heard, the orders and decisions shall be voted on without debate by ayes and nays, which shall be entered into the record.
(0:57) Subject however to operation of Rule 6 and Rule 6 speaks of whether the presiding officer will rule on relevance, admissibility, and giving any move on two minutes. So I may also correct that yesterday I was not allowed to, when I objected to Senator Lacson, I should have been given 10 minutes in accordance with Section 22. But I do admit that before that in the point of order, Senate President Gatchalian was liberal in allowing us to explain.
(1:36) Anyway, everything has been explained yesterday as part of the constitutional issue of the presiding officer and since you allowed us to submit in writing we will do so. But just on this point of the threshold issue of two-thirds of all members, there is actually a pending case in the Supreme Court entitled Cayetano v. Aquino. That is myself and my seatmate Senator Aquino.
We talked but we’re not talking about the case. So actually you’re correct Senator Lacson that anyone can go on this issue itself. And I just like to make sure today and further clarify that there’s no objections that as of today the stand of the impeachment court is that of all members means that as long as you’re still a member, so meaning when are you not a member anymore, when you die, when you are removed by finality, and when you resign.
(2:41) Otherwise you are still a member so you are still counted. And it is in that spirit that we ask and we’re preparing maybe a memoranda for all members to allow Senator Marcoleta and Senator Jinggoy since they are going to have a vote. And if they are not allowed to vote, then that will be counted as a vote for acquittal.
(3:01) And that might be favorable to the defense rather than a part of giving a fair trial. So all I wanted to clarify today, Mr. President, is that we will continue to thresh out if there are any constitutional issues. But as of today, it is very clear that as a court, we have decided that two-thirds of 24, there are 24 members of the Senate today.
(3:27) 20 are present here today, but there are still 24 members and 16 ang number of senators needed to convict on any of the articles, Mr. President, Mr. Presiding Officer. Thank you.
