FULL TEXT: Retired CJ Hilario Davide Jr.'s position on impeachment voting threshold

Retired Chief Justice Hilario Davide Jr. said that the two-thirds voting threshold should only include senators who can participate in impeachment hearings.

The former justice was among the amici curiae, or friends of the court, who conveyed their position on the voting threshold to convict or acquit Vice President Sara Duterte. He was unable to attend the Sept. 16 session and instead submitted a legal memorandum, which was read by Clerk of Court Renato Bantug.

Davide argued that the basis for computing the voting threshold should be based on senators who are qualified to vote, excluding those who have resigned or have been expelled, suffer from mental infirmity or physical incapacity, are outside of Philippine jurisdiction, whose whereabouts are unknown or in hiding to avoid arrest, or who cannot exercise or perform their rights and privileges as a senator due to legal impediments.

Read the full memorandum below.