Sara Duterte Impeachment Trial: Heated Debate Over Conviction Vote Threshold

The impeachment trial of Vice President Sara Duterte enters its 29th day with a focus on the voting threshold required for conviction. The prosecution panel and Duterte’s defense team are expected to present their arguments on this crucial legal point. Lead Prosecutor Gerville Luistro announced that Prosecutor Leila de Lima will represent the prosecution during the oral arguments. The lead defense counsel, Sheila Sison, declined to disclose who would represent the defense. "The impeachment court will resume session on Wednesday, September 23, 2026 at 10 a.m. The agenda is the oral argument of the parties," impeachment court spokesperson Reginald Tongol said in a press briefing on Tuesday. Presiding Officer Francis “Chiz” Escudero stated that each side will be given 15 minutes to present its position, followed by a period for questions from the senator-judges before they vote. The proceedings stem from Senator-Judge Erwin Tulfo’s motion for reconsideration challenging Escudero’s ruling that 16 affirmative votes, or two-thirds of the 24-member Senate, are required to convict an impeached official. The 1987 Constitution states that “no person shall be convicted without the concurrence of two-thirds of all the Members of the Senate.” When the impeachment trial began on July 6, Escudero ruled that 16 affirmative votes are required to convict Duterte, based on the constitutional provision and the Senate’s 24-member composition. The issue arose after several senator-judges became unable to participate in the trial. 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 issued by the International Criminal Court. Senator Loren Legarda has also been absent due to an extended medical leave abroad. On September 16, the impeachment court heard from retired Supreme Court Chief Justices Artemio Panganiban, Reynato Puno, and Hilario Davide Jr., as well as former Associate Justice Adolfo Azcuna, who were invited as amici curiae, or friends of the court. Panganiban, Puno, and Davide argued that the voting threshold should be based on the number of senator-judges who are qualified to vote or who actively participated in the trial. Azcuna, one of the framers of the 1987 Constitution, offered a different view, stating that the two-thirds requirement should be based on the entire membership of the Senate, meaning 16 votes would still be needed for conviction. After the oral arguments on September 23, the senator-judges are expected to vote on whether to sustain or overturn Escudero’s 16-vote ruling. A simple majority of those present and voting would be required to decide the matter. Source: GMA News Philippines