The Senate impeachment court has overturned its fixed 16-vote requirement for convicting Vice President Sara Duterte. Senator-judges ruled that the Constitution’s two‑thirds mandate should be based on those present, meaning with 20 senators in attendance, conviction could now be secured with 14 votes.
The chamber overturned Presiding Officer Sen. Chiz Escudero’s July 6 ruling in a 13–1 vote, with six minority abstentions. Twelve majority senators and Sen. Mark Villar backed the reversal, while Escudero cast the lone vote against it.
The Constitution requires the concurrence of “two-thirds of all the Members of the Senate” for an impeachment conviction. Escudero had interpreted that to mean two-thirds of the full 24-member chamber, or 16 votes, regardless of how many senators could take part. The court’s new interpretation changes the number of senators used to calculate that requirement. The two-thirds fraction remains in place.
Four senator-judges have not been participating in the trial. Sens. Jinggoy Estrada and Rodante Marcoleta are detained on pending charges, Sen. Senator Ronald “Bato” Dela Rosa has been absent amid an International Criminal Court arrest warrant, and Sen. Loren Legarda is on medical leave. Sen. Erwin Tulfo asked the court to reconsider Escudero’s ruling because of those absences. If 20 senators are counted when the court reaches a verdict, two-thirds would require 14 votes.
Before the 13–1 ruling, the court rejected Sen. Alan Peter Cayetano’s attempt to defer the threshold question and leave it to the Supreme Court. That earlier vote was 13–6, with one abstention. The two tallies settled different questions: the first allowed the Senate court to proceed, while the second overturned Escudero’s interpretation.
The court also heard differing views from four retired Supreme Court justices before deciding the issue. Former chief justices Artemio Panganiban, Reynato Puno and Hilario Davide Jr. argued that 16 votes need not remain fixed when senators cannot participate. Retired associate justice Adolfo Azcuna maintained that all 24 senators should count.
During oral arguments, House prosecutor Rep. Chel Diokno argued that counting absent senators could effectively count their absence against conviction. Duterte’s defense, represented by Michael Poa, maintained that the requirement should remain at 16 and opposed revisiting the July 6 ruling during the trial.
Escudero stood by his interpretation but said he would carry out the court’s decision.
“The chair nonetheless accepts it as a decision of this court, and is bound to give it effect,” he said after the vote.
The House voted 257–25, with nine abstentions, to impeach Duterte in May. Its four articles include allegations involving confidential funds, unexplained wealth, bribery and threats against top officials. Duterte denies wrongdoing. Senator-judges have yet to decide those charges, and the number needed for conviction will depend on who is counted as participating when they reach a verdict.
