Escudero says 16-vote ruling to convict VP Sara may be a 'justiciable controversy'
By Dhel Nazario
At A Glance
- Senate Impeachment Court Presiding Officer Francis "Chiz" Escudero said the requirement of 16 votes to convict Vice President Sara Duterte is now an official ruling of the chair after no senator-judge objected to or appealed it.
- Escudero said the ruling "may be considered already as a justiciable controversy," although he stressed it is ultimately up to the courts.
Senate Impeachment Court Presiding Officer Francis "Chiz" Escudero on Tuesday said his declaration that at least 16 senator-judges must vote to convict Vice President Sara Duterte has become an official ruling of the chair after no member of the impeachment court objected to or appealed it.
(Senate PRIB photo)
The clarification came after Senator-Judge Panfilo 'Ping' Lacson raised a point of inquiry during the second day of Duterte's impeachment trial, asking whether Escudero's earlier statement on the constitutional two-thirds voting requirement was merely a legal opinion or a binding ruling of the impeachment court.
Lacson sought clarification on the legal effect of Escudero's pronouncement.
"My point of inquiry, Mr. Presiding Officer, is, is this portion of your opening statement a matter of legal opinion on your part as presiding officer, or does it constitute a ruling by the impeachment court?" Lacson asked.
Lacson also asked whether treating the matter as a ruling effectively transforms it into a justiciable controversy that the Supreme Court (SC) of the Philippines may eventually resolve should either the prosecution or defense challenge it on grounds of grave abuse of discretion.
In response, Escudero confirmed that the 16-vote threshold is now an official ruling that remains in effect because it went unchallenged by the senator-judges.
"So to clarify, yes, I believe it may be considered already as a justiciable controversy, although it is not for us to dictate that, but the courts. Given that it is a ruling of the chair, not objected to nor appealed by any member of this court, and therefore stands," Escudero explained.
Escudero had previously stated that a literal reading of the Constitution's requirement for a two-thirds vote to convict means the affirmative vote of at least 16 senator-judges is necessary to secure a conviction in the impeachment trial.
Meanwhile, Senator-judge Alan Peter Cayetano clarified that there are no objections to the impeachment court's ruling that the conviction threshold remains at a two-thirds vote of all members of the Senate.
"So all I wanted to clarify today, Mr. President, is that we will continue to thresh out if there are any constitutional issues. But as of today, it is very clear that as a court, we have decided that two-thirds of 24, there are 24 members of the Senate today," he said during the second day of the Impeachment Trial of Vice President Sara Duterte on Tuesday, July 7, 2026.
Cayetano also said he is preparing a memorandum asking the impeachment court to allow Sen. Rodante Marcoleta and Sen. Jinggoy Ejercito Estrada to vote.
"If they are not allowed to vote, then that will be counted as a vote for acquittal. And that might be favorable to the defense rather than a part of giving a fair trial," he added.