Sara Duterte impeachment trial: Focus on voting threshold for conviction

The impeachment trial of Vice President Sara Duterte is entering its 29th day with a key focus on the voting threshold required for conviction. The House prosecution panel and Duterte's defense team are expected to present their arguments on this crucial matter. Lead Prosecutor Gerville Luistro stated that Prosecutor Leila de Lima will represent the prosecution during the oral arguments. The lead defense counsel, however, declined to disclose who would represent the defense. The impeachment court is scheduled to resume its session on Wednesday, September 23, 2026, at 10 a.m. The agenda will be the oral arguments of the parties, according to impeachment court spokesperson Reginald Tongol. Presiding Officer Francis “Chiz” Escudero announced that each side will be given 15 minutes to present its position. Senator-judges will also be allowed to ask questions before they vote. The issue stems from a motion for reconsideration filed by Senator-Judge Erwin Tulfo, challenging Escudero’s ruling that 16 affirmative votes, representing two-thirds of the 24-member Senate, are necessary to convict an impeached official. The 1987 Constitution states, “no person shall be convicted without the concurrence of two-thirds of all the Members of the Senate.” When the trial commenced on July 6, Escudero had ruled that 16 affirmative votes were needed for conviction, based on the constitutional provision and the Senate’s composition. However, the debate intensified due to the unavailability of several senator-judges. Senators Jinggoy Estrada and Rodante Marcoleta are detained on separate plunder charges, while Senator Ronald “Bato” dela Rosa is in hiding following an arrest warrant from the International Criminal Court. Senator Loren Legarda is also 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., along with former Associate Justice Adolfo Azcuna, who were invited as amici curiae (friends of the court). Panganiban, Puno, and Davide argued that the voting threshold should be based on the number of senator-judges qualified to vote or actively participating in the trial. Azcuna, a framer of the 1987 Constitution, offered a different perspective, maintaining that the two-thirds requirement should be based on the entire Senate membership, thus still requiring 16 votes for conviction. Following 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 will be required to decide the matter. — MCG, GMA News