Former Supreme Court Chief Justice Hilario Davide Jr. said the required two-thirds vote in an impeachment trial should be based only on senators who are qualified and able to cast their votes.
According to Davide, senators who are detained, suspended, abroad, in hiding, or otherwise unavailable should not be included in the vote count.
“If you cannot vote, you should not be included in the math,” he stressed, underscoring that only active and participating senators must be considered in determining the outcome of an impeachment case.
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