THE Senate impeachment court on Wednesday voted to lower the conviction threshold for Vice President Sara Duterte from 16 to 14 votes, significantly easing the path for prosecutors seeking her removal from office.
In a 13-1-6 vote, the court approved a motion by Sen. Erwin Tulfo to reconsider the baseline for the constitutionally mandated two-thirds majority.
The decision reverses Presiding Officer Francis Escudero’s July 6 ruling that required 16 votes based on the full 24-member Senate.
Escudero cast the sole dissenting vote to maintain consistency with his initial ruling, while six senators abstained.
Under the new interpretation, only active senator-judges capable of participating in trial proceedings are counted.
Four members are currently unable to take part: Senators Jinggoy Estrada and Rodante Marcoleta are detained over a public works scandal; Sen. Ronald dela Rosa is in hiding due to an International Criminal Court warrant linked to the former administration’s drug war; and Sen. Loren Legarda is on medical leave.
Excluding these four leaves 20 active members, setting the two-thirds requirement at 14 votes when rounded up.
The ruling followed oral arguments and input from four retired Supreme Court justices who served as amici curiae
, three of whom stated that the Constitution does not strictly require 16 votes.Earlier in the day, the court rejected a point of order by Sen. Alan Peter Cayetano—who argued the matter belonged before the Supreme Court—clearing the path for Tulfo’s motion.
Legal observers noted the strategic shift. “This is the best chance to secure a conviction,” said Michael Henry Yusingco, senior research fellow at the Ateneo Policy Center.
The trial stems from a high-profile political fallout between Duterte and President Ferdinand Marcos Jr., whose winning 2022 “UniTeam” alliance fractured over policy and power struggles.
Duterte—facing charges of misusing public funds, amassing unexplained wealth, and issuing grave threats against Marcos—denies all wrongdoing.
A conviction would disqualify her from holding public office, stripping her of a planned 2028 presidential run.
Following the vote, Duterte’s defense team stated she does not fear the trial’s outcome but reserved the right to pursue available legal remedies.
