A senior leader in the House of Representatives has clarified that only one-third of the total number of lawmakers are required to transmit an impeachment complaint against Vice President Sara Duterte to the Senate, rejecting claims that the process could fail if “no” votes outnumber “yes” votes in plenary deliberations.
Senior Deputy Majority Leader and Iloilo Rep. Lorenz Defensor said the constitutional threshold for impeachment is clear and does not depend on a simple majority vote once the complaint reaches the plenary stage of the House of Representatives.
In an interview, Defensor stressed that under the Constitution, the House only needs the support of at least one-third of its members to elevate an impeachment case to the Senate for trial.
He dismissed circulating claims that the complaint would automatically fail if votes against impeachment exceed those in favor, calling the interpretation incorrect and inconsistent with constitutional practice.
Defensor explained that the vote in the House plenary is not a determination of guilt or innocence, but a procedural step meant to assess whether there is sufficient basis to bring the case before the Senate acting as an impeachment court.
He added that once the one-third threshold is met, the case is transmitted for trial regardless of how many lawmakers vote against it.
The clarification comes after the House Committee on Justice approved and forwarded to the plenary its report finding probable cause to impeach Duterte, following a unanimous 55-0 vote in committee proceedings.
The Articles of Impeachment include allegations of betrayal of public trust, constitutional violations, corruption, and other serious charges tied to claims involving misuse of confidential funds and other purported irregularities.
Defensor also pointed to constitutional precedent, noting that impeachment complaints endorsed directly by at least one-third of House members are automatically transmitted to the Senate without the need for further committee action.
He emphasized that if the one-third requirement is met in plenary voting, the matter proceeds to the Senate for trial, where senator-judges will determine whether to acquit or convict the official involved.
