Senate changes 16-vote conviction threshold: Detained, absent senators excluded

September 23, 2026

By ABOGADO.COM.PH Staff

The Senate Impeachment Court said that only the senators who can “legally and factually” participate in the impeachment proceedings would be counted when determining the two-thirds vote required to convict in Vice President Sara Duterte’s impeachment trial.

This came after the members voted to overturn the earlier ruling of Presiding Officer Sen. Francis Escudero that 16 votes, or two-thirds of all 24 members of the Senate at present, are required to convict.

With the new ruling, excluded from the denominator are 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.

A total of 13 members voted in favor of this new interpretation, while Escudero voted against it.

Six members did not participate in the vote: Sen. Alan Peter Cayetano, Sen. Pia Cayetano, Sen. Bong Go, Sen. Imee Marcos, Sen. Robin Padilla, and Sen. Camille Villar.

Escudero said that if the two-thirds computation involves a fraction, it would be rounded up to the next highest number.

This means that if the denominator is 20, two-thirds of it would be 13.33. This means 14 votes are required to convict.

He also said the ruling is only binding on Duterte’s trial and not on future proceedings because the present Impeachment Court cannot shackle the hands of the future court.