The Senate impeachment court resumed its 10th trial day on July 22, with Sen. Francis “Chiz” Escudero presiding and Senate President Win Gatchalian leading the opening prayer. Fourteen senators were present as Land Bank personnel prepared to testify on Article I of the impeachment complaint involving the alleged misuse of confidential funds. COURTESY: Senate of the Philippines/YouTube.
The battle over how many votes could convict Vice President Sara Duterte has taken another turn, with Senate President Francis “Chiz” Escudero now expected to participate in deciding whether the impeachment court should keep its 16-vote threshold.
His participation means 11 votes, rather than 10, would be needed to overturn the existing rule if the court proceeds with only 20 senator-judges, according to impeachment court spokesperson Reginald Tongol.
The calculation assumes four senators remain unavailable, leaving 20 members, including Escudero, to decide the challenge to the court’s earlier interpretation.
At issue is the Constitution’s requirement that conviction in an impeachment trial must receive the concurrence of two-thirds of “all the Members of the Senate,” and whether that language should continue to be calculated against the chamber’s full 24-member composition when some senators cannot participate.
The impeachment court previously settled on 16 votes, but Sen. Erwin Tulfo challenged that interpretation, opening the question of how prolonged absences should affect the denominator used to determine the constitutionally required majority.
To help resolve the issue, the court called on retired Chief Justices Artemio Panganiban, Reynato Puno and Hilario Davide Jr., together with retired Associate Justice Adolfo Azcuna, to provide independent legal views as amici curiae.
Their participation carries additional constitutional significance because Davide and Azcuna were members of the 1986 Constitutional Commission that drafted the Charter containing the impeachment provision now under debate.
The retired justices are expected to provide their views beginning Sept. 16, followed by oral arguments from the House prosecution panel and Duterte’s lawyers on Sept. 23 before senator-judges decide whether the 16-vote requirement should stand.