SENATE impeachment court spokesperson Atty. Reginald Tongol clarified on Saturday that 11 votes would be required to adjust the conviction threshold if 20 senator-judges are present — correcting his earlier statement that suggested only 10 votes would suffice.
The clarification comes amid a heated debate over whether the constitutional requirement of a two‑thirds vote to convict Vice President Sara Duterte should be calculated based on all 24 senators or only those actually able to participate in the proceedings.
Tongol explained that the computation takes into account the status of Senate President and Presiding Officer Francis “Chiz” Escudero, who may also cast a vote. Under Senate rules, the presiding officer does not vote unless necessary to break a tie. “So if 20 are present, not 10 but 11 votes are needed to overturn the ruling,” Tongol emphasized, noting that his initial figure was based on parliamentary principles but required precise clarification once the full rules were applied.
The impeachment court is set to revisit the voting threshold on Wednesday, September 16, with legal experts — three retired Supreme Court Chief Justices and one retired Associate Justice appointed as amici curiae or “friends of the court” — set to provide independent guidance. Oral arguments from the prosecution and defense panels will follow on September 23, after which the Senate will vote on whether to retain the original 16‑vote requirement or adjust it to reflect the actual number of participating senators.
Tongol also noted that any ruling adjusting the threshold could be brought before the Supreme Court on a petition for certiorari alleging grave abuse of discretion. However, he emphasized that the impeachment trial would proceed regardless of any such appeal, because the filing of a petition alone does not automatically halt proceedings — only a Temporary Restraining Order (TRO) issued by the High Court would suspend the process.
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