MANILA, Philippines — Senate Deputy Majority Leader JV Ejercito announced Sunday that senator-judges are scheduled to convene on Monday to discuss the required vote count needed to convict or acquit Vice President Sara Duterte in her ongoing impeachment trial.
Speaking in an interview on radio DZBB on September 20, Ejercito indicated that the body will determine how to resolve the vote requirement issue.
”Malamang may caucus bukas [ukol sa isyu ng voting threshold]. Siguro pag-uusapan kung pagbobotohan ito o ‘yung presiding officer na lang through our consesus,” Ejercito said.
The caucus follows a request from the Senate asking legal experts serving as amici curiae—retired Chief Justices Artemio Panganiban, Hilario Davide, and Reynato Puno, alongside former Associate Justice Adolf Azcuna—for legal opinions on whether absent, detained, or fleeing senators should be factored into the final vote tally.
Panganiban, Davide, and Puno advised that the Senate holds the constitutional power to try impeachment cases and may adjust the standard 16-vote threshold. They noted that the required two-thirds majority to convict an official should be calculated based on the number of senators who actively took part in the proceedings.
In contrast, Azcuna, who helped draft the 1987 Constitution, argued that the two-thirds requirement applies strictly to the total membership of the Senate, maintaining that 16 votes remain necessary for a conviction.
The dispute over the voting baseline arises as five members of the upper chamber are currently unable to participate: Senators Jinggoy Estrada and Rodante Marcoleta remain in custody over distinct plunder cases, Senator Ronald “Bato” dela Rosa is in hiding due to an International Criminal Court arrest warrant, and Senator Loren Legarda is currently out of the country on medical leave.