Senate impeachment court sets Sept. 23 for oral arguments on voting threshold

Senate impeachment court presiding officer Francis “Chiz” Escudero on Tuesday announced that oral arguments between the defense and prosecution will be conducted on September 23, 2026, in relation to the 16-vote threshold set to convict Vice President Sara Duterte in her impeachment trial.

This, after Senator-Judge Erwin Tulfo made a manifestation, seeking clarification on the voting threshold, given that four senator-judges are currently not attending the trial.

“The present reality, however, is that some of our members are beyond the coercive power or jurisdiction of the Senate. One is on medical leave abroad where the date of her return is still unknown. The other is in hiding. Two are under the custody of the Sandiganbayan or the Bureau of Jail Management,” Tulfo said.

“My question, Mr. Presiding Officer, is this, considering the changing calendar and expedited proceedings, if we were to cast our votes two or three months from now, or next month, or even tomorrow, who among our members can validly cast their votes in the final question?”

Currently, Senators Jinggoy Estrada and Rodante Marcoleta are detained over separate plunder charges, while Senator Ronald “Bato” dela Rosa is in hiding amid an arrest warrant from the International Criminal Court.

Senator Loren Legarda, meanwhile, has not been attending the trial for weeks now due to health concerns. Legarda is currently abroad.

After suspending the trial for a while to consult with the senator-judges and the counsels, Escudero said that the court will hear amici curiae (friends of the court) on September 16, to weigh in on the voting threshold.

The oral arguments between the parties, meanwhile, will be held a week later or on September 23, with each side given 15 minutes to present its position.

Escudero said that senator-judges will also vote on the matter on September 23.

The presiding officer asked Tulfo if he is seeking clarification and determination of the phrase “all members” as found in Article 11, Section 3, Paragraph 6 of the Constitution, which states:

“The Senate shall have the sole power to try and decide all cases of impeachment. When sitting for that purpose, the Senators shall be on oath or affirmation. When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. No person shall be convicted without the concurrence of two-thirds of all the Members of the Senate.”

Tulfo answered in the affirmative.

When the impeachment trial began on July 6, presiding officer Francis “Chiz” Escudero ruled that 16 affirmative votes of senator-judges are required to convict Duterte in her trial.

Citing the 1987 Constitution, Escudero said that no person shall be convicted in an impeachment trial without the concurrence of two-thirds of all the members of the Senate.

And with the Senate composed of 24 members, Escudero said a literal interpretation of the constitutional provision means conviction requires at least 16 affirmative votes.

Tulfo also said that it must be clarified whether the senators who are detained will be allowed to vote or if their votes will be accepted by the court even though they are not attending the trial.

Avelino v. Cuenco

Tulfo also cited the Avelino v. Cuenco case, which he said, “considers only those members within the coercive jurisdiction of the Senate for purposes of determining the base and existence of a quorum.”

Senator Pia Cayetano countered Tulfo for citing the case in the context of the voting threshold.

“That is not accurate, Your Honor. These 12 members of the Senate chose to use Avelino [vs] Cuenco for their own purposes to declare that there was a quorum. This body did not agree to that. The now-minority does not agree to that,” Cayetano said.

“There are many ways to interpret Supreme Court decisions, but let’s not make it appear that it is jurisprudence or it is the rule in the Senate,” she added.

In the case of Avelino v. Cuenco, the Supreme Court (SC) found that an absolute majority of 12 out of 23 members could constitute a constitutional majority for quorum purposes. This ruling was used as a basis when Senator Sherwin Gatchalian was elected Senate President Pro Tempore and acting Senate President in June.

Uphold the Constitution

Meanwhile, Senator-Judge Robin Padilla called on his colleagues to uphold the Constitution amid discussions on the voting threshold.

“Ako po ay hindi nagmamagaling dito. Ako po ay ex-convict. Isa lang po ang gusto kong malaman ninyong lahat---hindi po ganyan kataas ang pinag-aralan ko. Pero ipaglalaban ko ang Konstitusyon na ito hanggang sa dulo ng aking buhay,” he said.

(I am not trying to act superior here. I am an ex-convict. There is only one thing I want you all to know---I am not highly educated. But I will fight for this Constitution until the very end of my life.) — RSJ, GMA News