PASAY CITY, Philippines — Defense lawyers for Vice President Sara Duterte declared on Wednesday that their client will now navigate her impeachment trial with heightened prudence following a Senate ruling that reduced the number of votes required to convict her.
The shift in strategy came on Day 29 of the trial after senator-judges voted 13-1, with six abstentions, to overturn a July 6 ruling by Presiding Officer Francis “Chiz” Escudero.
Escudero had originally set the threshold at 16 votes, representing a fixed two-thirds majority of all 24 Senate seats. Under the newly adopted motion, the two-thirds requirement will be calculated solely from the pool of senators who are legally and factually capable of participating.
With several lawmakers currently facing legal charges, in hiding, or on extended medical leave, the revised rule opens the possibility for a conviction with fewer than 16 votes.
Speaking before the tribunal, lead defense counsel Atty. Sheila Sison formally entered a reservation regarding their continued appearance in the proceedings.
”Even as we understand that this tribunal will proceed as it deems fit, we nonetheless are constrained to place on record, na mula sa araw na ito, the respondent’s participation or any participation that the respondent will have in this trial ay may tahasang pag-iingat o with ad cautelam,” Sison stated.
Despite the defensive stance, Sison emphasized that Duterte is not attempting to sidestep the judicial process, framing her defense around fundamental constitutional rights.
”Let it be clear that the respondent does not shrink from accountability nor does she fear the outcome of this impeachment trial. She asks for nothing spectacular from this court. Only the most essential and basic guarantees due to every individual: fairness and impartiality,” Sison added.
The decision followed a motion for reconsideration introduced by Senator Erwin Tulfo, which challenged the strict 24-member baseline. While 13 senators supported the change, six minority lawmakers chose not to take part in the vote.
The tribunal previously sought guidance from legal experts to resolve the constitutional ambiguity surrounding the phrase “all members of the Senate.”
Former Supreme Court Chief Justices Artemio Panganiban, Reynato Puno, and Hilario Davide Jr. served as amici curiae and advised that the vote count should depend on actively participating senator-judges.
Conversely, retired Associate Justice Adolfo Azcuna, a constitutional framer, argued that the baseline must remain the full 24-seat roster, requiring a minimum of 16 votes for removal.
Sison affirmed that Duterte intends to challenge the court’s latest procedural shift through higher legal avenues.
”She reserves every right to exhaust all legal remedies available sa ilalim ng ating batas at Konstitusyon na may pagtatangi sa esensya ng isang tunay na malayang, demokratikong institusyon. At karapatan ng bawat mamamayan na madinig sa isang hukuman na walang kinikilingan o kinakatakutan,” she declared.