Senator Francis “Chiz” Escudero, serving as the presiding officer of the impeachment court, confirmed on Monday that convicting Vice President Sara Duterte will still necessitate at least 16 affirmative votes, even though three sitting lawmakers are currently absent.
Escudero clarified that the 1987 Constitution explicitly dictates that a conviction must be backed by a two-thirds majority of the Senate’s total official seats.
“The Constitution provides that no person shall be convicted without the concurrence of two-thirds of all the members of the Senate,” Escudero told senators.
“With 24 members of the Senate, a literal interpretation of this means that conviction requires the affirmative vote of at least 16 senator-judges,” he added.
To support this rule, Escudero pointed to the Bayan v. Zamora Supreme Court ruling, which established that the two-thirds threshold must always be calculated against the full 24-member roster mandated by the Constitution, regardless of temporary vacancies or absences.
“This is the prevailing law today. Whether we abide by it or not, we will abide by it,” he said.
The impeachment court officially opened on Monday afternoon to address four specific charges against Duterte, including bribery, unexplained wealth, the misuse of confidential funds, and making grave threats against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and former House Speaker Martin Romualdez.
The trial begins with three senators sidelined from participation. Senator Rodante Marcoleta is currently detained on non-bailable plunder charges, and Senator Jinggoy Estrada remains in custody following a preventive suspension linked to separate graft and plunder cases.
Additionally, Senator Ronald “Bato” dela Rosa has been in hiding since May to avoid an arrest warrant issued by the International Criminal Court regarding the drug war during the Rodrigo Duterte administration.