Senators on Wednesday overturned Sen. Francis Escudero’s July 6 ruling that fixed at 16 the number of votes needed to convict Vice President Sara Duterte, opening the door for a lower conviction threshold when incapacitated senators are excluded from the count.
What the Senate Decided
Thirteen senators — including one from the minority — voted to modify the numbers required for conviction, while Senate impeachment court Presiding Officer Francis Escudero cast the lone opposing vote. The remaining six members of the minority abstained and left the session hall.
The chamber kept the Constitution’s two-thirds threshold, but agreed that senators who are sick, in hiding, or detained should not be counted among those taking part on verdict day.
With those exclusions, the working pool of senator-judges can drop to 20. Two-thirds of 20 is 13.33, which Escudero said must be rounded up — bringing the votes needed to convict down from 16 to 14.
How the Vote Went
A nominal voice vote followed oral arguments on Day 29 of the trial. “The ayes have it. The appeal is won,” Escudero said after the count.
Voting in favor were Senate President Sherwin Gatchalian, Senate President Pro Tempore Vicente Sotto III, Majority Leader Juan Miguel Zubiri, and Senators Panfilo Lacson, Bam Aquino, JV Ejercito, Risa Hontiveros, Lito Lapid, Erwin Tulfo, Raffy Tulfo, Joel Villanueva, Francis Pangilinan, and Mark Villar.
Sen. Mark Villar of the minority made a surprise affirmative vote, opting not to join the rest of his minority colleagues led by Sen. Alan Peter Cayetano in boycotting the vote. Camille Villar, siblings Alan Peter and Pia Cayetano, Bong Go, Imee Marcos, and Robin Padilla did not vote.
Why the Threshold Changed
The debate began after Sen. Erwin Tulfo appealed to Escudero’s July 6 ruling, which had strictly read “two-thirds of all members of the Senate” as 16 of 24 senators.
Under the revised approach, senator-judges who are detained or suspended, missing, medically incapacitated, beyond the Senate’s coercive processes, or similarly situated are barred from voting on verdict day. Escudero said that currently covers four senators: Ronald dela Rosa, Rodante Marcoleta, Jinggoy Estrada, and Loren Legarda.
“For the record, while the chair takes exception to this decision, the chair nonetheless accepts it as a judgment of this court and is bound to give it effect,” Escudero said.
Before the vote, defense counsel Michael Poa said the camp was open to seeking Supreme Court intervention if the threshold rule is revised.
Why It Matters
The decision does not decide the impeachment case itself, but it changes the arithmetic of conviction. A lower working threshold means fewer “guilty” votes may be enough — a shift that could reshape strategy for both prosecution and defense as the trial continues.
