Chiz Escudero says 16 votes needed to convict Sara Duterte in impeachment trial

Sen. Francis “Chiz” Escudero, the presiding officer of the Senate sitting as an impeachment court, said on Monday that 16 affirmative votes of senator-judges are required to convict Vice President Sara Duterte in her impeachment trial.

In his remarks after assuming the position as the impeachment court's presiding officer, Escudero stressed that the Constitution provides that no person shall be convicted without the concurrence of two-thirds of all the members of the Senate.

Escudero said this in the wake of the arrest hours earlier of Sen. Rodante Marcoleta on plunder charges. A few weeks ago, Sen. Jinggoy Estrada was also arrested on plunder charges and has since been suspended for 90 days.

Sen. Ronald "Bato" Dela Rosa, who has a warrant of arrest from the International Criminal Court for crimes against humanity, is believed to be on the lam.

“With 24 members of the Senate, a literal interpretation of this means that conviction requires the affirmative vote of at least 16 senator-judges,” Escudero said.

Escudero said that such an interpretation is supported in the 2000 case of Bayan v. Zamora, which concerned the Senate’s compliance with the two-thirds vote required to concur in a treaty.

He recalled that despite having only 23 incumbent senators at the time, then-senator Gloria Macapagal-Arroyo was elected as vice president.

“The Court held: The charter provides that the Senate shall be composed of 24 senators; without a tinge of doubt, two-thirds of the figure or not less than 16 members is an unquestionable compliance with the requisite number of votes mentioned in Section 21 of Article 7,” he said.

“It behooves therefore all of us to observe the same fidelity with the Constitution in this trial, which affects not only the mere ratification of a treaty, but more so affects the substantial rights of the respondent, as well as the sovereign will of the people as expressed in the overwhelming mandate given to her,” he added.

Escudero emphasized that such law must be followed whether or not senator-judges concur.

“This is the prevailing law today. And whether we agree with it or not, we must abide by it,” he said.

Escudero on Monday afternoon was formally elected as presiding officer of the impeachment trial of Duterte.

He previously presided over the impeachment court in 2025 when he was still the Senate president.

Back then, he drew criticism for setting the impeachment trial at a time which many saw as inconsistent with the term "forthwith.”

Escudero reminded his fellow senators to do impartial justice according to the Constitution and laws.

“As presiding officer, I shall do my part to uphold the fairness and integrity of this process, and shall see it through to its proper conclusion,” he said.

Escudero also emphasized that he did not seek or ask to be elected to the post. –NB, GMA News