EXPLAINER: What could happen if not all senator-judges are present in the impeachment trial?

The 1987 Constitution clearly states that, “No person shall be convicted without the concurrence of two-thirds of all members of the Senate.”

Article VI, Section 2 of the Constitution also says, “The Senate shall be composed of twenty-four senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.”

This means that to convict an impeached official, a vote of two-thirds or 16 senator-judges are needed, according to Mark Salazar’s “Explainer” report.

But in the current 20th Congress, one senator is reportedly in hiding. Another is in jail facing graft charges.

What could happen if not all senator-judges are present in the impeachment trial of Vice President Sara Duterte.

Sen. Ronald “Bato” Dela Rosa was last seen in the Senate building on May 14, 2026. He is facing a warrant of arrest from the International Criminal Court (ICC) as an alleged co-perpetrator of former president Rodrigo Duterte in his crimes against humanity linked to the bloody drug war during his term.

As of June 15, authorities have yet to locate him.

Last June 1, 2026, Sen. Jinggoy Estrada surrendered to the Philippine National Police-Criminal Investigation and Detection Group, and was jailed at the Payatas detention facility.

Estrada is facing plunder and two counts of graft cases for allegedly receiving kickbacks from flood control projects. He has denied the allegations.

According to Ombudsman Jesus Crispin Remulla, at least nine senators will be investigated by his office over their alleged connection of flood control anomalies and other serious allegations.

The Ombudsman said it is also readying charges against Sen. Joel Villanueva over the claims of a former Department of Public Works and Highways district engineer in Bulacan that he received P150 million kickback from an infrastructure project.

Meanwhile, the Field Investigation Bureau of the Ombudsman has recommended charges against Sen. Rodante Marcoleta for plunder, indirect bribery and violation of Presidential Decree No. 46 that prohibits government officials from receiving excessive gifts.

The recommendation stemmed from Marcoleta’s acceptance of campaign donations worth P75 million.

Plunder, graft and indirect bribery were the charges recommended against Sen. Chiz Escudero by the same Ombudsman unit for allegedly taking P586 million in kickbacks from flood control projects.

Sen. Bong Go is facing plunder and graft charges filed by former senator Antonio Trillanes IV before the Ombudsman.

Go was also named co-perpetrator in the crimes against humanity case of Duterte before the ICC.

Siblings Sens. Mark Villar and Camille Villar are facing complaints before the Securities and Exchange Commission for alleged market manipulation, insider trading and misleading disclosure.

The allegations were firmly denied by Estrada, Dela Rosa, Villanueva, Go, Escudero, Marcoleta and Mark and Camille Villar.

Senator Panfilo Lacson said that in the event that more senators get jailed, the Senate can ask the Sandiganbayan to allow their embattled colleagues to participate in the impeachment trial and vote.

Lacson denied that the majority senators have plans to change the voting threshold. He affirmed that the Constitution must be followed and that 16 votes are needed to convict.

Lacson’s view was supported by Senate President Sherwin Gatchalian.

Meanwhile, Manila Rep. Joel Chua said the matter may be brought before the Supreme Court (SC).

“It can be compared to a court hearing where the judge can assess the demeanor of the witness if they are saying the truth or not. Part of their judgment rendering is based on mannerism on the conduct of witnesses on the witness stand,” Chua said.

Republic Act 70780 or the Plunder Law, “Any public officer against whom any criminal prosecution under a valid information under this Act, whatever stage of execution and mode of participation, is pending in court, shall be suspended from office.” (Section 5 on Suspension and Loss of Benefits)

If the concerned official is a senator, this includes his role as senator-judge in an impeachment trial.

In the SC resolution in People v. Maceda, and in Trillanes v. Pimentel, it was stated that, “All prisoners, whether under preventive detention or serving a final sentence, cannot practice their profession nor engage in any business or occupation, or hold office, elective or appointive, while in detention.”

But Lacson said the matter can be raised before the SC, so that the suspension of a senator can apply only to his legislative functions, not as senator-judge in an impeachment trial.

Lacson added that the Senate and the Senate impeachment court are separate entities. He also proposed to defer the impeachment trial until the 90-day preventive suspension expires.

He warned that if the Constitution mandate of a two-thirds vote to convict can’t be followed, the impeachment trial might not push through. He stressed that the processes for the trial must be laid down this soon.—LDF, GMA News