During the 23rd day of Vice President Sara Duterte’s impeachment trial, Senators Pia Cayetano and Robin Padilla questioned whether the Senate sitting as an impeachment court holds the jurisdiction to re-evaluate the constitutionally mandated vote threshold required for a conviction.
The discussion arose following a proposal by Senator Erwin Tulfo regarding which senators should be eligible to vote on the final verdict.
In response, Presiding Officer Francis “Chiz” Escudero indicated that Tulfo’s point could be treated as a motion for reconsideration against his July 6 ruling, which maintained that a conviction requires 16 votes—representing a two-thirds majority of the 24-member Senate.
Cayetano cautioned against re-interpreting constitutional mandates within the trial chamber, asserting that such authority exclusively belongs to the judiciary and highlighting the binding nature of the presiding officer’s earlier decision.
”Do we even have the right to decide on this?” Cayetano asked. “The Supreme Court is clear, the Constitution is clear that the interpretation of the Constitution is with the Supreme Court.”
Addressing the selection of amici curiae (friends of the court) to guide the trial on complex legal matters, Cayetano emphasized the need to appoint objective experts who can offer balanced perspectives on disputed constitutional issues.
Escudero confirmed that the court will consult legal experts and coordinate with both prosecution and defense panels during the selection process.
PADILLA: “UPHOLD CONSTITUTION”
Padilla joined Cayetano in urging the trial court to adhere strictly to the text of the fundamental law, emphasizing that any changes to constitutional rules must follow formal amendment procedures rather than internal court votes.
”Ang Constitution ay hindi po pwedeng galawin. Hindi natin pwedeng gawan ng paraan,” Padilla said.
Reflecting on his duty as a lawmaker, Padilla added:
”Ako po ay hindi nagmamagaling dito: Ako po ay ex-convict. Isa lang po ang gusto kong malaman po ninyong lahat. Hindi po ganyang kataas ang pinag-aralan ko. Pero ipaglalaban ko ang Konstitusyon na ito hanggang sa dulo ng aking buhay.”