Перейти к содержимому

14 VOTES NA LANG BA? PANO MAG CONVICT KUNG KULANG ANG SENADOR? #attybuenoexplains

Atty. Bueno (The Law & Beyond)

0:00 / 0:00

14 VOTES NA LANG BA? PANO MAG CONVICT KUNG KULANG ANG SENADOR? #attybuenoexplains

107 003 просмотра · 1 месяц назад
Atty. Bueno (The Law & Beyond)
218 тыс. подписчиков
107 003 просмотра · 1 месяц назад
The core issue is a constitutional and mathematical debate over the required number of votes to convict an official in a Senate impeachment trial when several senators are legally incapacitated or missing. ​Specifically, the controversy centers on two conflicting interpretations of the law: ​The Strict Textualist View (The "Magic 16"): The traditional stance dictates that since the Constitution requires a 2/3 vote of "all the members" of a 24-seat Senate, a fixed threshold of 16 votes is absolutely required to convict, regardless of vacancies, arrests, or absences. ​The Functionalist/Elastic View: Our interpretation argues that "all members" must only refer to active, legally unhindered senators. With two senators incarcerated, one in hiding, and potentially another facing arrest, these individuals are outside the Senate's coercive jurisdiction. Drawing from the Supreme Court precedent in Avelino v. Cuenco, the denominator should shrink from 24 to 21 active members, lowering the required 2/3 conviction threshold dynamically to just 14 votes. ​At its heart, the issue is whether the Constitution's voting rules must remain rigid or be elastic enough to adapt to political crises without paralyzing the mechanism of government accountability.