24/09/2026
๐ก๐๐ง๐๐ข๐ก๐๐ ๐ก๐๐ช๐ฆ | ๐ฆ๐ฒ๐ป๐ฎ๐๐ฒ ๐ฑ๐ฟ๐ผ๐ฝ๐ 16-๐๐ผ๐๐ฒ ๐๐ต๐ฟ๐ฒ๐๐ต๐ผ๐น๐ฑ ๐ถ๐ป ๐๐๐๐ฒ๐ฟ๐๐ฒโ๐ ๐ถ๐บ๐ฝ๐ฒ๐ฎ๐ฐ๐ต๐บ๐ฒ๐ป๐ ๐๐ฟ๐ถ๐ฎ๐น
via Lorraine Ornido
The Senate impeachment court ruled on September 23 that only senator-judges legally and factually capable of participating in Vice President Sara Duterteโs impeachment trial will be counted in determining the two-thirds vote required for conviction.
According to Article XI, Section 3(6) of the 1987 Constitution, conviction in an impeachment case requires the "concurrence of two-thirds of all the Members of the Senate.โ
With a 13-1 vote, Senator-Judge Erwin Tulfoโs appeal overturned Presiding Officer Francis โChizโ Escuderoโs July 6 ruling that the two-thirds requirement amounted to 16 votes based on a 24-member Senate.
According to Escuderoโs ruling, senators who are detained, suspended, or legally restrained from exercising their functions; persons sought by authorities whose whereabouts are unknown; persons suffering from a physical or medical incapacity and therefore beyond the coercive processes of the Senate; and others similarly situated are excluded from the voting process.
The Presiding Officer said the court will determine which senators fall under the categories based on โcompetent and sufficient evidence.โ The remaining senators will form the basis for calculating the two-thirds vote.
He also added that any resulting fraction will be rounded up. For instance, if 20 senators remain, the two-thirds threshold would be 14 votes.
โThis ruling and interpretation of the court shall operate [pro hac vice] or for this occasion only. It shall not constitute a binding precedent in any future impeachment proceeding,โ Escudero explained.
Shortly after the vote, lead defense counsel Sheila Sison told the court that the defense would continue participating in the trial while reserving its right to challenge the ruling.
Sison said the defense would continue participating ad cautelam, or with caution, while reserving its right to pursue all available legal remedies.
โGoing up to the Supreme Court is a real possibility. As to when, well, we will have to discuss the matter with our client,โ defense spokesperson and lawyer Michael Poa said on Wednesday.
Four senator-judges are currently unable to take part in the trial. Bato dela Rosa remains in hiding amid an International Criminal Court arrest warrant, while Jinggoy Estrada and Rodante Marcoleta are detained over alleged plunder charges. Loren Legarda is abroad on extended medical leave.
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