PASAY CITY, Philippines — The legal team of Vice President Sara Duterte criticized the Senate impeachment court on Wednesday, denouncing its decision to modify the voting threshold required for conviction as unconstitutional and a breach of her right to due process.
In an official statement, Atty. Paolo Panelo, spokesperson for the Vice President, emphasized that Article XI, Section 3(6) of the 1987 Constitution explicitly mandates a two-thirds majority of the entire Senate membership to secure a conviction.
“Malinaw ang Article XI, Section 3(6) ng Saligang Batas. Ang botong kinakailangan for conviction sa impeachment ay 2/3 ng lahat ng miyembro ng Senado. Hindi lang 2/3 ng mga Senador na kayang makadalo sa pagdinig,” Panelo stated.
The backlash comes after the tribunal overturned its prior stance—which had set the conviction baseline at 16 votes based on the full 24-member chamber—and adopted a revised computation.
The new formula excludes senators who are legally or physically incapable of taking part in the trial at the time judgment is delivered.
Panelo asserted that with 24 sitting senators, the constitutional baseline remains fixed at 16 votes.
“24 ang ating mga Senador, kaya ang 2/3 nito ay 16,” he noted.
He further charged that the court exceeded its constitutional mandate by revising the vote requirement mid-trial.
“Hindi lamang dahil walang kapangyarihan ang Senado na gawin ito, kundi dahil isa din itong pagyurak ng karapatan ni Vice President Sara Duterte sa due process, partikular na ang mahatulan ng isang patas at walang kinikilingang hukuman,” Panelo added, referring to earlier oral arguments where defense lawyers maintained that non-participating senators do not constitute official vacancies.
Given the ruling, Panelo declared that the tribunal had compromised its standing to proceed with the trial.
“Dahil dito, nawalan na ng ligal at moral na awtoridad ang Senate Impeachment Court na ipagpatuloy ang kaso,” Panelo said.
The tribunal approved the new voting formula in a 13-1 vote, with six senator-judges opting not to participate. Under this framework, members who are detained, suspended, legally enjoined, or medically incapacitated will be deducted from the total count when calculating the conviction baseline.
Presiding Officer and Senator Francis “Chiz” Escudero clarified that the decision applies strictly to the current trial, stressing that it neither alters standard Senate impeachment rules nor sets a binding precedent for future trials.