Senate warned over revising impeachment vote threshold

MANILA, Philippines — Senators acting as judges in the impeachment trial of Vice President Sara Duterte may face legal challenge including criminal cases if they proceed with changing the two-thirds voting requirement for her conviction, according to former presidential spokesman Salvador Panelo.

In an interview with The STAR’s “Truth on the Line” yesterday, Panelo rejected the position of retired chief justices Hilario Davide Jr., Artemio Panganiban and Reynato Puno that the 16-vote threshold is not fixed. He said the impeachment court cannot alter the Constitution through its internal rules.

Only retired Supreme Court associate justice Adolfo Azcuna took the contrary position that all 24 senators should be allowed to vote on whether to convict or acquit Duterte.

“I disagree with the three of them, with due respect. The impeachment court absolutely has no power to tinker with the Constitution. It cannot change the language of the Constitution through the impeachment court,” Panelo said.

The four former justices were invited as amici curiae, or friends of the court by the Senate on Wednesday to help resolve a dispute over the correct number of votes required to convict or acquit the Vice President.

The 1987 Constitution provides that no person shall be convicted in an impeachment trial without the concurrence of two-thirds of all the members of the Senate. Presiding officer Sen. Francis Escudero previously ruled that 16 votes are required for her conviction.

Panelo said the Senate may adopt its own rules but these cannot prevail over the constitutional requirement.

“The internal rules are there for them to make and implement. But you cannot go over and beyond the language of the Constitution,” he said.

Panelo argued that the two-thirds fraction can effectively change if the number of senators is reduced by death, resignation or expulsion, but the two-thirds requirement itself cannot be lowered by an impeachment court ruling.

“What is not flexible is the two-thirds. That is the guarantee of the framers that an impeachable officer cannot simply be removed,” he said.

He also rejected the argument that the impeachment court could use a simple majority rule to change the threshold, saying this would amount to amending the Constitution outside the processes provided for by the Charter.

“How do you change the threshold? One way is when senators die, are expelled or resign. The other way is to call a constitutional convention or a constituent assembly, or through a people’s initiative. Outside of that, it is illegal,” Panelo said.

He also raised the possibility of criminal liability for senator-judges who would knowingly render what he considers an unjust judgment, citing Article 204 of the Revised Penal Code.

“If they convict her after knowingly changing the threshold, there is a problem because that would be an unjust judgment,” Panelo said.

“You are treading on dangerous grounds. Do not force the issue. Continue with the impeachment, but follow the two-thirds of the 24,” he said.

He added that technology is available that could enable senators to vote even if they are not physically present at the trial. “They can vote wherever they are. They can participate by reading the transcripts,” he said.

Meanwhile, Duterte spokesman Paolo Panelo yesterday refuted an online news report attributing the ownership of Gencorp Industries Inc. to the Vice President.

“Gencorp is not her company. It is owned by business people who have been in the food industry since the 1990s,” Panelo said in a statement. He called the report “misleading and irresponsible.” — Daphne Galvez, Evelyn Macairan

abtestabtest 4 listed passengers didn't board MV June Aster, says PCG By Kristine Daguno-Bersamina | 1 day ago Four passengers listed in the manifest of MV June Aster did not board the vessel before it left Baseco Port in Manila on September... Headlines Ridon, Tolosa ordered: Explain sub judice breach By Delon Porcalla | 9 hours ago The Senate impeachment court has ordered Bicol Saro party-list Rep. Terry Ridon and private prosecutor Benjamin Tolosa... Headlines Palace questions VP Sara’s capability to lead Philippines By Alexis Romero | 9 hours ago Malacañang questioned the capability of Vice President Sara Duterte to lead the country after her camp claimed... Headlines Evidence enough to convict VP, says prosecution By Delon Porcalla | 9 hours ago Documentary and testimonial evidence against impeached Vice President Sara Duterte are enough to convict her regardless of... Headlines Latest More in Headlines What Philippines' aging population means, and what can be done NCR police to deploy 15,700 for Sept. 21 protests Fact check: Viral Duterte video after ICC appearance is AI-generated Romualdez co-accused Serenio out of Philippines – BI abtest Duterte lawyers seek more medical tests By Janvic Mateo | 9 hours ago Lawyers of former president Rodrigo Duterte are seeking additional medical examinations to fully determine his fitness to... Headlines House wants to summon Meta’s Zuckerberg By Delon Porcalla | 9 hours ago Lawmakers have deferred approval of the proposed 2027 budget of the Department of Information and Communications Technology,... Headlines 8 Metro Manila hospitals reach full capacity for leptospirosis By Rhodina Villanueva | 9 hours ago Eight hospitals in Metro Manila have reached their full capacity for designated leptospirosis beds, the Department of Health reported... Headlines Palace backs SC stance on political dynasty bill By Alexis Romero | 9 hours ago Malacañang agrees with the Supreme Court on the need to pass a bill banning political dynasties, saying the measure... Headlines Marcos pushes release of class suspension guidelines By Alexis Romero | 9 hours ago President Marcos wants the updated guidelines on class suspensions during weather disturbances and calamities fast-tracked... Headlines Recommended Senate warned over revising impeachment vote threshold 9 hours ago Senators acting as judges in the impeachment trial of Vice President Sara Duterte may face legal challenge including criminal... HeadlinesSALVADOR PANELO Palace questions VP Sara’s capability to lead Philippines 9 hours ago Malacañang questioned the capability of Vice President Sara Duterte to lead the country after her camp claimed... HeadlinesSARA DUTERTE Evidence enough to convict VP, says prosecution 9 hours ago Documentary and testimonial evidence against impeached Vice President Sara Duterte are enough to convict her regardless of... HeadlinesSARA DUTERTE Ridon, Tolosa ordered: Explain sub judice breach 9 hours ago The Senate impeachment court has ordered Bicol Saro party-list Rep. Terry Ridon and private prosecutor Benjamin Tolosa... HeadlinesBENJAMIN TOLOSA JR.SENATETERRY RIDON Majority rule September 18, 2026 - 12:00am Indulge me a little in arguing my position on the current hot legal topic: the voting of the Senate impeachment court. HeadlinesSENATE next Recommended Senate warned over revising impeachment vote threshold Senators acting as judges in the impeachment trial of Vice President Sara Duterte may face legal challenge including criminal cases if they proceed with changing the two-thirds voting requirement for her conviction, according to former presidential spokesman Salvador Panelo. 9 hours ago SALVADOR PANELO Palace questions VP Sara’s capability to lead Philippines Malacañang questioned the capability of Vice President Sara Duterte to lead the country after her camp claimed she is ready to succeed President Marcos. 9 hours ago SARA DUTERTE Evidence enough to convict VP, says prosecution Documentary and testimonial evidence against impeached Vice President Sara Duterte are enough to convict her regardless of whether the conviction threshold is maintained or not, according to the prosecution team of the House of Representatives. 9 hours ago SARA DUTERTE Ridon, Tolosa ordered: Explain sub judice breach The Senate impeachment court has ordered Bicol Saro party-list Rep. Terry Ridon and private prosecutor Benjamin Tolosa Jr. to explain their perceived violations of the court’s sub judice rule. 9 hours ago BENJAMIN TOLOSA JR. SENATE TERRY RIDON Majority rule Indulge me a little in arguing my position on the current hot legal topic: the voting of the Senate impeachment court. 9 hours ago SENATE 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!