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Not fair: Spox says new 2/3 vote rule violates VP Sara’s due process rights

  • September 24, 2026

By ABOGADO.COM.PH Staff

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Lawyer Paolo Panelo, spokesperson for Vice President Sara Duterte, said the Senate Impeachment Court violated her right to due process, particularly to be judged by a fair and impartial court, when it ruled that the two-thirds vote to convict would include only members who can legally and factually participate in the proceedings.

Because of this, Panelo said the Impeachment Court has lost its legal and moral authority to continue Duterte’s trial.

Panelo contended that 16 votes are needed to convict based on the Senate’s 24 total members, in line with the constitutional provision requiring a two-thirds vote of all members of the Senate.

“Ang desisyon ng Senado na pababain ito ay maliwanag na paglabag sa Saligang Batas, hindi lamang dahil walang kapangyarihan ang Senado na gawin ito, kundi dahil isa din itong pagyurak ng karapatan ni Vice President Sara Duterte sa due process, partikular na ang mahatulan ng isang patas at walang kinikilingang hukuman. Dahil dito, nawalan na ng ligal at moral na awtoridad ang Senate Impeachment Court na ipagpatuloy ang kaso,” he said in a statement.

He criticized the senators who voted in favor of the new rule.

“Sa mga Senador na nagbubulag-bulagan sa mga realidad na ito, kasama kayo sa problema ng ating bansa,” he said.

He also commended those who did not support this change, saying they stood for what is right and put the country before themselves.

According to him, it was clear that the impeachment rules were changed because Duterte cannot be defeated in a fair fight, whether in the impeachment trial or in the 2028 elections.

He also claimed that this is being done by those who are trying to evade accountability for their transgressions, knowing that Duterte would not let them get away with it.

Under the new rule, determining the two-thirds vote to convict would exclude senators who are detained or suspended; who are sought by authorities and whose whereabouts are unknown; who are suffering from a physical or medical incapacity; who are beyond the coercive processes of the Senate; and who are similarly situated.

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