Cayosa: Senate committed no grave abuse in lowering impeachment threshold

September 27, 2026

By ABOGADO.COM.PH Staff

Former Integrated Bar of the Philippines president Domingo Cayosa said the Senate impeachment court did not commit grave abuse of discretion when it revised the voting threshold for the conviction or acquittal of Vice President Sara Duterte.

In an interview with Super Radyo DZBB on Sunday, Cayosa said the Senate tribunal acted properly when it sought the views of legal experts on the constitutional issue.

He noted that both sides were also given the opportunity to hear and respond to the arguments raised during the consultations.

Cayosa maintained that the Senate impeachment court has the constitutional authority to interpret and apply the rules governing an impeachment trial.

He also argued that the Supreme Court should not interfere with the Senate’s exercise of its impeachment powers, saying that the Constitution grants the Senate the sole power to try and decide impeachment cases.

His position comes amid two separate petitions filed before the SC challenging the Senate tribunal’s Sept. 23 ruling on the voting threshold.

Former Executive Secretary Vic Rodriguez asked the SC to restrain the Senate from proceeding with any conviction vote under the revised threshold by arguing that the constitutional phrase requiring the concurrence of two-thirds of “all the Members of the Senate” cannot be rewritten as “all Members capable of participating.”

Lawyer Ernesto Francisco Jr. also filed a separate petition asking the SC to nullify the Senate ruling and issue a status quo ante order.

Francisco argued that the Senate impeachment court effectively interpreted the Constitution when it ruled that only senators capable of participating in the proceedings should be counted in determining the two-thirds requirement.

The Senate tribunal voted 13-1, with six senator-judges abstaining, to adopt the revised interpretation.#