MANILA, Philippines — Senator and impeachment court presiding officer Francis “Chiz” Escudero stated that the Supreme Court holds the authority to review the Senate’s decision regarding the voting threshold needed to convict Vice President Sara Duterte, provided there is a finding of grave abuse of discretion.
Speaking on his social media podcast “Chiz Wiz,” Escudero addressed the ongoing debate surrounding the numbers required for a conviction. While he maintained that the Senate ultimately holds jurisdiction over impeachment trials, he acknowledged that judicial intervention remains a possibility if constitutional boundaries are breached.
“Pwedeng gawin ng Korte Suprema ‘yun, pero pwede rin niyang sabihing, kunwari, ang boto labinlima o labing-apat, tapos later on sinabi ng Korte Suprema, ‘Hindi, dapat labing-anim ‘yan.’ Susundin (ang) Korte Suprema,” Escudero said.
“‘Yung sinasabi mong may ginawang mali ang korte, final ang desisyon ng Senado, unless may grave abuse of discretion talagang nakita. Doon lang makikialam ang korte,” he added.
The legal controversy centers on the impeachment tribunal’s September 23 vote, which overturned Escudero’s initial ruling that a strict 16-vote majority was mandatory for conviction. Under the revised guidelines, the two-thirds requirement is computed based on the total number of senators legally and factually able to participate.
This adjustment effectively lowered the threshold to 14 votes, though the exact figure relies on active eligible participants during judgment.
Escudero stood as the sole senator-judge who dissented against the revised rule, while six minority bloc members boycotted the proceedings. Despite disagreeing with the outcome, he conceded that the chamber possessed the internal authority to reverse its stance:
“Kung pwede kaming magdesisyon ng labing-anim, pwede rin kaming magdesisyon ng hindi labing-anim.”
The High Tribunal previously dismissed separate petitions filed on September 30 by former Executive Secretary Vic Rodriguez and lawyer Ernesto Francisco Jr., citing procedural flaws including prematurity and lack of legal standing.
However, a separate petition filed in October by Senate minority members Senators Robinhood Padilla and Christopher “Bong” Go alongside PDP-Laban remains pending. The petitioners are pushing to reinstate the 16-vote rule while seeking a temporary restraining order or status quo ante order.
Meanwhile, the impeachment trial is set to resume on November 9, with the defense panel slated to introduce its evidence and witnesses for Article II. This remaining charge accuses Vice President Duterte of unexplained wealth accumulation, failing to disclose asset details in her Statements of Assets, Liabilities, and Net Worth (SALN), and omitting business divestments.
The House prosecution panel earlier dropped three other articles.
Although the defense pre-trial brief lists over 90 prospective witnesses, a definitive schedule and final witness lineup have yet to be formally confirmed, with reports indicating the defense may require up to eight trial days.