On September 20, 2026, the Senate impeachment court convened to hear arguments regarding the necessary vote threshold for convicting Vice President Sara Duterte. This critical discussion follows ongoing debates about the interpretation of the Constitution.
Senate Presiding Officer Francis Escudero announced that each side would have 15 minutes to present their case, followed by a question-and-answer session with the senator-judges.
Lead prosecutor Batangas Rep. Gerville Luistro confirmed that Rep. Leila de Lima would represent the prosecution, while defense attorney Sheila Sison hinted at revealing their spokesperson during the session.
Sen. Erwin Tulfo challenged the ruling from earlier in the trial, which stated that 16 votes were required for conviction. He expressed concerns about the participation of all senators, citing that some are currently unable to fulfill their duties.
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... The other is in hiding. Two are under the custody of the Sandiganbayan or the Bureau of Jail Management.
Sen. Erwin Tulfo
Last week, the court heard insights from former Chief Justices Hilario Davide Jr., Artemio Panganiban, and Reynato Puno, as well as former Associate Justice Adolfo Azcuna. Three of the four justices argued that the conviction threshold should not be fixed at 16 votes, given that the Constitution refers to a fraction of the voting members.
Azcuna stood by the traditional interpretation of requiring a two-thirds majority of all Senate members, asserting that vacancies due to death or resignation should be the only factors affecting the vote count.
The Constitution states that a conviction requires the concurrence of two-thirds of all Senate members. However, the current debate hinges on whether this refers to the total 24 senators or only those present and able to vote.
Currently, four senators cannot attend the trial: Ronald ‘Bato’ dela Rosa, under an arrest warrant; Jinggoy Estrada and Rodante Marcoleta, imprisoned on plunder charges; and Loren Legarda, on medical leave abroad.