Some senators want SC to decide on impeach vote threshold

MANILA, Philippines —  Senators JV Ejercito and Raffy Tulfo want the Supreme Court to decide on the voting threshold to convict or acquit Vice President Sara Duterte amid a possible deadlock due to the continued absence of four senators.

They said allowing the SC to resolve the delicate threshold issue would unburden and save the senators from the difficulties.

“I would rather have the Supreme Court decide so we can avoid any conflict,” Tulfo said.

“Let the Supreme Court decide and save us the trouble. But it depends on what the impeachment court and the senator-judges would discuss on Sept. 23. We need to decide,” said Ejercito.

The Senate impeachment court is looking at tapping amici curiae or friends of the court as resource persons and speak in open court to help senators settle the issue.

Presiding officer Sen. Francis Escudero said constitutional experts like former justices would speak on Sept. 16 before the prosecution and defense counsels hold oral arguments on Sept. 23.

On the same day, the impeachment court would vote whether or not to change Escudero’s ruling at the start of trial setting 16 votes to convict.

Escudero’s ruling was challenged by a motion by Sen. Erwin Tulfo on Tuesday questioning the phrase “all members” with respect to votes in convicting an impeached officer.

Tulfo asked whether “all members” strictly means 24 despite the absence of four senators, who are detained, at large or on leave and beyond the Senate’s coercive jurisdiction.

Tulfo pointed out that the chamber relies on the 1949 Supreme Court ruling Avelino v. Cuenco in determining a legislative quorum, which calculates the majority based only on members physically capable of attending.

Ejercito said Tulfo’s questions regarding the threshold are valid, citing the point raised by the other Tulfo that absent senators were unable to take part in the hearings.

“We will weigh things on Sept. 23 and decide what is best,” he said.

The impeachment court will invite three to five judiciary resource persons to educate the senators before they vote on the voting threshold, according to Senate President Sherwin Gatchalian.

But Gatchalian declined to name the “friends of the court” to be invited, but said he prefers former Supreme Court justices, legal luminaries and constitutionalists to educate them on Sept. 16.

“I don’t want to name names but they should be experts on the Constitution,” Gatchalian said.

Asked if the matter should instead be settled by the Supreme Court, Gatchalian said he doesn’t want to preempt the upcoming briefing with the amicus curiae and the oral arguments.

“It will depend on the explanation of the experts. We will all learn from them,” he said.

As to the requests of Sens. Rodante Marcoleta and Jinggoy Estrada to participate in the trial despite their detention for plunder, Gatchalian said the Senate should leave it to the Sandiganbayan to decide.

Gatchalian is hoping that the impeachment court could meet the timeline of finishing the presentation of evidence and rendering a verdict on or before December.

To face all the allegations against her and end the “trial by publicity” on social media, Duterte should testify in her impeachment trial, senators said yesterday.

The Tulfos stressed that the impeachment court is the proper forum for the Vice President to defend herself.

“Considering the so-called trial by publicity on social media, the impeachment court is the proper forum,” Erwin the younger senator said.

“This is the proper forum to explain your side, to give your side and if you have to deny it, then you have to deny it,” he added.

Raffy the older senator echoed this sentiment, noting that Duterte’s personal appearance would clear up lingering doubts.

“Ideally, yes. Let us hear it from the horse’s mouth. It is only the Vice President herself who can provide the answers,” he said.

But Erwin said the impeachment court would not compel the country’s second highest official to take the witness stand out of parliamentary courtesy, citing the precedent set during the impeachment trial of former president Joseph Estrada.

“But if she refuses, there’s nothing we can do. We cannot force her. Out of courtesy, we cannot subpoena her,” he explained.

Ejercito said impeached officers have the prerogative since they are already represented by their lawyers.

Palace press officer Claire Castro said it’s up to the impeachment court to decide whether the Vice President should take the witness stand.

“If that’s what the prosecution wants and if the Senate would allow it, let the Senate decide,” said Castro during a press briefing.?“And the prosecution is likely requesting this because the Vice President herself stated that she wanted a ‘bloodbath,’ and she had previously said she was ready to face allegations against her and clarify these issues,” she added.?“The decision rests with the Senate,” Castro said. – Marc Jayson Cayabyab, Helen Flores

abtestabtest What Supreme Court's Imelda Marcos acquittal means, and what it doesn't 1 day ago The Supreme Court has overturned Imelda Marcos' seven-count graft conviction over foundations tied to the Marcos family's... Headlines President Marcos to represent Asean at BRICS Summit in India By Helen Flores | 1 day ago President Marcos departed for New Delhi, India on Friday to attend the 18th BRICS Summit, where he is set to represent the... Headlines ‘Only 10 votes needed to reverse 16-vote rule’ By Neil Jayson Servallos | 1 day ago It will take only 10 votes from senator-judges to overturn the initial ruling that requires 16 votes to convict Vice President... Headlines VP Sara calls on President Marcos to resign By Josiah Antonio | 1 day ago Vice President Sara Duterte called on President Marcos to resign, branding him the “problem of the nation” as... Headlines Senate approves Philippines-France visiting forces pact By Neil Jayson Servallos | 1 day ago The Senate committee on foreign relations has approved the Status of Visiting Forces Agreement (SOVFA) between the Philippines... Headlines Latest More in Headlines Leptospirosis cases still high Robinsons Land, MMDA enhance mobility across key Metro Manila routes ‘Elyu’ rides Trabaho at Negosyo wave DPWH boosts Oplan Kontra Baha initiatives abtest CICC to lead ASEAN cooperation on online child safety By Emmanuel Tupas | 2 hours ago The Cybercrime Investigation and Coordinating Center vows to push for stronger cooperation among Southeast Asian countries... Headlines Marcos arrives in India for BRICS Summit, seeks stronger ties By Kristine Daguno-Bersamina | 10 hours ago President Ferdinand Marcos Jr. arrived in New Delhi, India on Friday night to attend the 18th BRICS Summit and meet with Indian... Headlines Muslim enclave trades bullets for election ballots By Chad Williams | 11 hours ago On a basketball court in the Philippines' Marawi, ballots piled high on pallets awaited transport to towns across a Muslim-majority... Headlines Martin Romualdez transferred to PGH for independent medical check By Kristine Daguno-Bersamina | 16 hours ago Former House Speaker Martin Romualdez was brought to the Philippine General Hospital on Saturday morning, September 11, for... Headlines Palawan ferry fire death toll rises to 35; 53 still missing By Kristine Daguno-Bersamina | 18 hours ago The death toll from the ferry fire off Coron, Palawan has risen to 35, with 43 survivors and 53 people still missing, the... Headlines Recommended ‘Only 10 votes needed to reverse 16-vote rule’ 1 day ago It will take only 10 votes from senator-judges to overturn the initial ruling that requires 16 votes to convict Vice President... HeadlinesLAW VP Sara calls on President Marcos to resign 1 day ago Vice President Sara Duterte called on President Marcos to resign, branding him the “problem of the nation” as... HeadlinesLAW Senate approves Philippines-France visiting forces pact 1 day ago The Senate committee on foreign relations has approved the Status of Visiting Forces Agreement (SOVFA) between the Philippines... HeadlinesSENATE EDITORIAL — Voting on the threshold 1 day ago A simple majority in the Senate can overturn the ruling of Francis Escudero, as presiding officer of the impeachment court,... HeadlinesIMPEACHMENT Crescendo September 12, 2026 - 12:00am Sara Duterte was dragged to court on funny charges of grave threats. HeadlinesLAW next Recommended ‘Only 10 votes needed to reverse 16-vote rule’ It will take only 10 votes from senator-judges to overturn the initial ruling that requires 16 votes to convict Vice President Sara Duterte, the Senate impeachment court clarified yesterday. 1 day ago LAW VP Sara calls on President Marcos to resign Vice President Sara Duterte called on President Marcos to resign, branding him the “problem of the nation” as she accused his administration of corruption, abuse and political harassment amid the cases filed against her and members of her family. 1 day ago LAW Senate approves Philippines-France visiting forces pact The Senate committee on foreign relations has approved the Status of Visiting Forces Agreement (SOVFA) between the Philippines and France, paving the way for the treaty’s plenary ratification next week. 1 day ago SENATE EDITORIAL — Voting on the threshold A simple majority in the Senate can overturn the ruling of Francis Escudero, as presiding officer of the impeachment court, that 16 votes are needed to convict Vice President Sara Duterte, according to the court’s spokesperson. 1 day ago IMPEACHMENT Crescendo Sara Duterte was dragged to court on funny charges of grave threats. 1 day ago LAW OK Are you sure you want to log out? Yes No X Login Philstar.com is one of the most vibrant, opinionated, discerning communities of readers on cyberspace. With your meaningful insights, help shape the stories that can shape the country. Sign up now!