ICYMI LIVE UPDATES: Sara Duterte Impeachment Trial (September 23, 2026)

Davao City Representative Paolo Duterte questioned Wednesday the legality of the Senate impeachment court's decision to base the two-thirds vote to convict his sister, Vice President Sara Duterte, on the number of senators who are capable of participating in the trial proceedings.

With 13 yes votes, one no vote, and six non-participants, the Senate impeachment court effectively set aside an earlier ruling that placed the votes needed to convict the vice president at 16. The voting threshold is still two-thirds, but absentee senators will no longer be counted.

"Is it within its authority as the impeachment court? But the bigger question remains—does that interpretation conform to the Constitution? The Constitution says conviction requires the concurrence of two-thirds of ALL the Members of the Senate," Paolo Duterte said.

The vice president's lead defense counsel, Sheila Sison, manifested before the impeachment court that her client will exhaust all legal remedies following the senator-judges' ruling.

The House prosecution panel brushed aside former presidential legal counsel Salvador Panelo's claim that senator-judges who voted to change the basis for determining the threshold to convict Vice President Sara Duterte violated the Constitution.

Panelo, who served as chief presidential legal counsel to Duterte's father, former President Rodrigo Duterte, described the impeachment court's ruling as a tragedy.

The defense team of Vice President Sara Duterte said Wednesday it is mulling over appealing to the Supreme Court the ruling of the Senate impeachment court that lowered the voting threshold to convict her.

Michael Poa, spokesperson of the defense panel, said he would talk to Duterte first regarding the matter.

"Well, siyempre tayo pa rin ay lumahok sa oral arguments kanina, para maipakita lang natin, di lang naman sa impeachment court kundi sa publiko, kung ano ang posisyon ng defense sa usapin ng voting threshold. Ganun pa man, you know, that was the decision of the impeachment court," he said in a press briefing.

(Well, of course we still participated in the oral arguments earlier, just to show—not only to the impeachment court but also to the public—what the defense's position is on the issue of the voting threshold. Be that as it may, you know, that was the decision of the impeachment court.) 

The House prosecution panel on Wednesday said that its target to secure the conviction of Vice President Sara Duterte remains just as tough regardless of the Senate impeachment court's vote that the threshold to convict depends on the senators who are qualified to vote.

“It never gets easier. Dati nabanggit ko na rin ito, 'yung trabaho ng prosecution and 'yung mismong pinakamalaking hamon sa amin ay magtayo ng bahay ng ebidensya. Mas, in a way, mas madali nga ang trabaho ng defense dahil ang nais lang nila ay sirain ang bahay,” Akbayan Representative and House prosecutor Chel Diokno said in a press conference.

The Senate impeachment court on Wednesday decided to lower the required vote to convict Vice President Sara Duterte, adjusting the two-thirds threshold to cover only the senator-judges who are legally eligible to take part.

Of the 13, only Villar came from the minority bloc.

On the other hand, Senate impeachment court presiding officer Francis Escudero was the lone senator-judge to vote “no”. 

Meanwhile, six senator-judges from the minority bloc did not participate in the voting. They are:

Senator Mark Villar on Wednesday voted "yes" to lower the threshold to convict Vice President Sara Duterte in her impeachment trial, despite being a member of the senate minority.

He was the lone senator from the minority to do so as Senate minority leader Alan Peter Cayetano, and five others from the group did not participate in the voting.

Among them, Senators Pia Cayetano, Christopher "Bong" Go, Imee Marcos, Robin Padilla, and Mark's sister, Camille Villar.

Senator Mark Villar has yet to give an explanation on his vote. His sister, Camille, has also yet to issue a statement.

Vice President Sara Duterte is now participating in her impeachment trial with caution after the Senate voted to base the two-thirds vote for her conviction on the number of senators who are capable of legally and factually participating in the impeachment proceedings, her defense team said Wednesday.

Lead defense counsel Sheila Sison made the manifestation on Day 29 of Duterte's impeachment trial, shortly after senator-judges voted 13-1, with six not participating, that effectively set aside the July 6 ruling of presiding officer Francis "Chiz" Escudero. The latter had set the conviction number at 16, or two-thirds of the full 24-member Senate.

"Even as we understand that this tribunal will proceed as it deems fit, we nonetheless are constrained to place on record, na mula sa araw na ito, the respondent's participation or any participation that the respondent will have in this trial ay may tahasang pag-iingat or with ad cautelam," said Sison, referring to the Latin phrase which means "with caution."

(Even as we understand that this tribunal will proceed as it deems fit, we nonetheless are constrained to place on record that from this day forward, the respondent's participation or any participation that the respondent will have in this trial will carry outright caution or with ad cautelam.)

Senate impeachment court presiding officer Francis "Chiz" Escudero on Wednesday said that two-thirds of all members of the Senate qualified to vote will be the voting threshold needed to convict Vice President Sara Duterte.

Escudero made the explanation after the Senate court approved the motion put forward by Senator Erwin Tulfo to lower the threshold needed for conviction, given that four of the 24 senator-judges have been constantly absent from the proceedings.

    - detained and/or suspended or otherwise legally restrained from exercising the functions of a senator;     - persons sought by authorities whose whereabouts are unknown;     - those suffering from a physical or medical incapacity;     - those beyond the coercive processes of the Senate; and     - others similarly situated.

Escudero, however, said that such determination of who are the senator-judges qualified to vote for the conviction or acquittal of Duterte will come at a later time.

“The impeachment court shall determine on the basis of competent and sufficient evidence whether a member falls within any of the five circumstances mentioned in the new controlling ruling. The remaining members shall then constitute the denominator from which the required two thirds concurrence shall be computed,” Escudero said.

When the computation of two-thirds results in a fraction, Escudero said the number of votes required for conviction will be rounded up to the next higher whole number, even if the fraction is less than 0.5.

“For example, if the denominator is 20, two thirds is 13 and one third or 13.33. If we round it down to 13, 13 votes would fall short of the constitutionally required two-thirds concurrence, which is 13.33. Since a fraction of a vote is impossible, as there is no fraction of a senator, 13.33, again by way of example only, [the threshold] must be rounded up to 14 votes, the next higher whole number, to ensure that the votes for conviction constitute at least two-thirds of the relevant membership,” Escudero said.

Likewise, Escudero said that the lowered threshold is only applicable for the impeachment trial of Duterte, given that a decision of an impeachment court does not bind the impeachment court that will convene in the future, unlike in regular court proceedings.

“This ruling and interpretation of the court shall operate pro hac vice, or for this occasion only. It shall not constitute a binding precedent in any future impeachment proceedings. This is a ruling, not an amendment of the rules. As such, it has no binding but merely persuasive effect on future impeachment proceedings, the hands of whom we cannot shackle as there is no stare decisis as between impeachment courts,” Escudero said.

“Further, the circumstances that gave rise to this ruling [of lowered threshold] are extraordinary. Before and the chair hopes that it shall never happen again,” he added.

The Constitution, however, does not state a number but reads “no [impeachable] person shall be convicted without the concurrence of two-thirds of all the members of the Senate.”

Article 11, Section 6 of the Constitution states that "No person shall be convicted without the concurrence of two-thirds of all the Members of the Senate."

The same constitutional provision also states that "The Senate shall have the sole power to try and decide all cases of impeachment."

Senators Jinggoy Estrada and Rodante Marcoleta are detained on plunder and other related charges due to their alleged involvement in flood control and undeclared campaign donations, respectively.

Senator Ronald "Bato" dela Rosa, on the other hand, is nowhere to be found amid a standing warrant of arrest issued against him by the International Criminal Court due to his alleged involvement in the drug war deaths during the Rodrigo Duterte administration.

Senator Loren Legarda, for her part, is on an extended medical leave abroad due to a lung ailment. —Llanesca T. Panti/KG, GMA News

The Senate impeachment court on Wednesday voted to lower the threshold required to convict Vice President Sara Duterte in her impeachment trial.

Thirteen senators voted in favor of the motion put forward by Senator-judge Erwin Tulfo who sought reconsideration of the July 6 ruling that the voting threshold is set at 16, which is two-thirds of the 24-member Senate. 

Senator-judge Rodante Marcoleta, who is currently detained while facing a plunder charge, said Wednesday that he no longer saw it fit to participate in the impeachment trial of Vice President Sara Duterte.

In a statement, Marcoleta said that from the onset, he disagreed with Senator-judge Francis Escudero being chosen as the presiding officer of the impeachment court, arguing that it was contrary to the law.