Still 16 to convict? Some senators want to revisit threshold, says Zubiri

September 3, 2026

By ABOGADO.COM.PH Staff

Majority Floor Leader Juan Miguel Zubiri said some senators have questioned the 16-vote requirement to convict in the impeachment trial of Vice President Sara Duterte and want the threshold lowered since not all 24 senators are participating in the trial.

“There are some senators that have questioned the threshold and it may come up sooner or later,” Zubiri told reporters.

He said this is an issue to be answered by the Presiding Officer, Sen. Francis Escudero.

He also said the matter would have to be discussed publicly.

Sen. Ronald Dela Rosa is at large amid an International Criminal Court warrant for his arrest, Senators Jinggoy Estrada and Rodante Marcoleta are detained due to their plunder cases, while Sen. Loren Legarda has been on extended medical leave.

Escudero earlier said 16 votes are needed for a conviction in Duterte’s trial, saying this is the literal interpretation of the two-thirds vote requirement for conviction under the Constitution.

He said this was supported by the Supreme Court decision in Bayan v. Zamora, which was about the Senate’s compliance with the two-thirds vote required to concur in a treaty.

But he also said those who disagree may bring the issue to the Supreme Court, which has the sole authority to interpret the Constitution.

Some legal experts said the 16-vote threshold is not set in stone and the two-thirds vote to convict depends on the number of senators who are participating in the trial.