MANILA, Philippines — The battle over how many votes are needed to convict Vice President Sara Duterte may be far from settled, after the Senate impeachment court clarified that its earlier ruling requiring 16 votes could itself be overturned by a much smaller number of senator-judges.
According to impeachment court spokesperson Reginald Tongol, only 11 votes may be needed to reverse the court’s existing ruling that sets the conviction threshold at 16 votes, potentially opening the door to one of the most consequential procedural changes in Duterte’s impeachment trial.
The issue has become increasingly important as several senator-judges are absent from the proceedings, raising questions about whether the constitutional requirement of a two-thirds vote should be based on all 24 members of the Senate or only those who are legally able to participate in the trial.
Why the 16-Vote Rule Is Being Challenged
The controversy began after Senate impeachment court Presiding Officer Francis “Chiz” Escudero ruled that Duterte could only be convicted with at least 16 affirmative votes.
The ruling is based on a literal interpretation of the Constitution, which states that no person may be convicted in an impeachment case without the concurrence of two-thirds of all Senate members. Since the Senate is constitutionally composed of 24 members, two-thirds equals 16 votes.
Senator Sherwin Gatchalian and other supporters of the interpretation have argued that the constitutional language is clear and that the 16-vote requirement must remain in place regardless of how many senators are actively participating in the impeachment trial.
But the issue became more complicated as four senators were reportedly unable to participate in the proceedings.
Senate Majority Leader Juan Miguel “Migz” Zubiri earlier said senator-judges had begun discussing whether the conviction threshold should be reconsidered because of the absences.
How Could the Rule Be Changed?
Tongol explained that Escudero’s original ruling on the 16-vote threshold is a ruling of the presiding officer — and therefore may be appealed to the impeachment court.
Based on the current number of participating senator-judges, a simple majority could be enough to overturn the ruling itself. The Philippine Star reported that with four senators absent and Escudero not voting on his own ruling, 19 senator-judges would be left to decide the appeal, meaning 10 votes could be enough under that computation to reverse the presiding officer’s interpretation.
The distinction is crucial: the smaller number would not necessarily be the number required to convict Duterte. Instead, it would be the number needed to overturn the court’s previous ruling on what the eventual conviction threshold should be.
That procedural difference could dramatically reshape the final stages of the impeachment trial.
Legal Experts to Weigh In
The Senate impeachment court has already scheduled further discussions on the issue, with legal experts expected to present their views before the prosecution and defense make their arguments on the proper interpretation of the two-thirds requirement.
The court’s decision could determine whether the impeachment vote will continue to require 16 affirmative votes or whether a different formula should apply to account for senator-judges who are absent or otherwise unable to participate.
The House impeachment team has also expressed support for revisiting the threshold.
In a September 4 press release, members of the House impeachment team backed calls to reconsider the 16-vote requirement, although they said the Supreme Court may ultimately need to settle the constitutional question. Some proponents argue that senator-judges who cannot hear the evidence or participate in the proceedings should not necessarily be included in calculating the number needed for conviction.
Prosecution Says Focus Is Still on the Evidence
Despite the intense debate over the numbers, the House prosecution team has repeatedly said it is not making vote-counting its main priority.
Legal spokesperson Benjamin Tolosa Jr. previously said the prosecution’s focus is on presenting a strong and evidence-based case that can support Duterte’s conviction regardless of how the impeachment court ultimately interprets the voting threshold.
The prosecution has maintained that its goal is to build an airtight case rather than rely on procedural calculations.
Why This Could Change the Entire Trial
The dispute over the voting threshold may appear technical, but its consequences could be enormous.
If the impeachment court retains the 16-vote rule, prosecutors would need the support of two-thirds of the Senate’s full constitutional membership to secure a conviction.
If the court adopts a different interpretation based on the number of senator-judges legally participating in the proceedings, the number needed for conviction could potentially change.
For now, the 16-vote requirement remains the impeachment court’s existing position.
But the latest clarification shows that the ruling itself is not necessarily permanent.
The next major question is no longer just whether Vice President Sara Duterte can be convicted.
It is whether the Senate impeachment court will first rewrite the rules that determine exactly how many votes it takes to do so.
And if enough senator-judges decide to challenge the original ruling, one of the most important rules in Duterte’s impeachment trial could change before the final verdict is ever reached.
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