SENATOR Francis “Chiz” Escudero, newly elected presiding officer of the Senate sitting as an Impeachment Court, clarified on Monday that at least 16 affirmative votes from senator‑judges will be needed to convict Vice President Sara Duterte in her ongoing impeachment proceedings.
The announcement came shortly after he formally assumed his role, setting a clear legal benchmark for the outcome of the trial. Escudero emphasized that this requirement is directly drawn from the 1987 Constitution, which explicitly states that no official may be removed from office without the concurrence of two‑thirds of the Senate’s membership.
He explained that with the Senate constitutionally composed of 24 members, a literal interpretation of the rule means that conviction cannot be reached unless at least 16 senators vote in favor.
This clarification gains added significance amid recent developments affecting the chamber’s composition. Earlier in the day, Senator Rodante Marcoleta was arrested over plunder charges, while Senator Jinggoy Estrada was taken into custody weeks ago and has since been suspended for 90 days. Senator Ronald “Bato” Dela Rosa, meanwhile, is reportedly in hiding following the issuance of an arrest warrant by the International Criminal Court, further reducing the number of active senators available to participate.
To reinforce his interpretation, Escudero cited the 2000 Supreme Court ruling in Bayan v. Zamora, which upheld the same mathematical standard for two‑thirds votes.
He noted that even when there were only 23 incumbent senators in office at the time, the Court still based the requirement on the full constitutional number of 24 members, setting the threshold at 16 votes. “The charter provides that the Senate shall be composed of 24 senators; without a tinge of doubt, two‑thirds of the figure or not less than 16 members is an unquestionable compliance with the requisite number of votes,” he said.
Escudero stressed that this principle must be strictly observed, regardless of how many senators are actually able to sit in the proceedings. “It behooves all of us to observe the same fidelity to the Constitution in this trial, which affects not only the mere ratification of a treaty, but more so affects the substantial rights of the respondent, as well as the sovereign will of the people,” he added. He made it clear that the rule applies as written, saying: “This is the prevailing law today. And whether we agree with it or not, we must abide by it.”
Having previously presided over an impeachment court in 2025 when he was Senate President, Escudero acknowledged past criticisms regarding the timing of proceedings, which some viewed as inconsistent with the requirement to act “forthwith.” This time, however, he pledged to ensure fairness and consistency. In his opening remarks, he reminded his colleagues: “We shall do impartial justice according to the Constitution and laws. As presiding officer, I shall do my part to uphold the fairness and integrity of this process, and shall see it through to its proper conclusion.”
metrosundaily
