The Senate Impeachment Court voted 13-1 to lower the number of votes required to convict Vice President Sara Duterte, ruling that the constitutional two-thirds requirement should be based only on senators legally and factually able to participate in the proceedings.
The decision overturns an earlier ruling by Presiding Officer Sen. Francis Escudero, who had insisted that conviction required 16 votes, two-thirds of all 24 senators.
Under the new interpretation, senators who are detained, suspended, incapacitated, or otherwise unable to perform their duties are excluded from the count.
Escudero accepted the ruling but stressed it applies “pro hac vice,” meaning only for this case, and does not set precedent for future impeachment trials.
“The Presiding Officer is not the Court. He is merely the custodian of the process, not the proprietor of its outcome,” he said.
The ruling came after testimonies from amici curiae and arguments from both prosecution and defense.
Senators Jinggoy Estrada and Rodante Marcoleta are currently detained on plunder charges, Sen. Bato dela Rosa’s whereabouts remain unknown following an ICC warrant, and Sen. Loren Legarda is on extended medical leave abroad.
The appeal to adjust the threshold was filed by Sen. Erwin Tulfo and supported by Senate President Win Gatchalian and 11 other senators, including Tito Sotto, Juan Miguel Zubiri, Bam Aquino, Risa Hontiveros, and Mark Villar. Escudero cast the lone dissenting vote, while six senators did not participate.
House prosecutor Rep. Chel Diokno welcomed the ruling but emphasized that the case rests on evidence, not arithmetic.
“The prosecution is confident in its case. We believe in our evidence and we trust the independent judgment of this honorable court,” he said.
Diokno added that the burden of proof remains unchanged regardless of whether the threshold is 16 votes or fewer.
“Because the evidence does not become stronger or weaker depending upon the denominator. The articles do not change. The burden imposed upon the prosecution does not change,” he said.
The impeachment trial against Vice President Duterte continues, with the prosecution expressing confidence that accountability will be upheld under the Constitution. ||
