Layout by: Kyla Dacanay
Published by: Kyla Shane Recullo
Date Published: October 1, 2026
Time Published: 7:46 AM
Three of four retired Supreme Court justices said that the impeachment conviction threshold may not remain fixed at 16 votes during Vice President Sara Duterte’s Senate impeachment trial on September 16, 2026.
The four former justices, serving as amici curiae or “friends of the court”, present legal opinions to the Senate impeachment court regarding the interpretation of Article XI, Section 3(6) of the 1987 Constitution.
The provision states that no person may be convicted without the concurrence of two-thirds of all members of the Senate. With 24 senators, the current mathematical computation requires 16 votes.
Retired Chief Justices Hilario Davide Jr., Artemio Panganiban, and Reynato Puno argue that “all members” should not automatically refer to all 24 senators when some members are legally or physically unable to participate.
Davide says the computation should be based on senators who are qualified to vote. He argues that senators who are resigned, expelled, legally restrained, detained, abroad, or otherwise incapable of performing their duties should not be included in the denominator.
Panganiban acknowledges that two-thirds of 24 equals 16 under a literal interpretation but says constitutional interpretation should also consider the provision’s purpose and circumstances. He argues that constitutional duties cannot always be reduced to “abstract mathematics.”
Puno likewise rejects treating 16 as an immutable number. He says using the fraction “two-thirds” means the required number may change depending on circumstances affecting the Senate’s membership and participation.
In contrast, retired Associate Justice Adolfo Azcuna maintains that all members means all 24 senators who remain members of the Senate. He argues that the supermajority requirement prevents a temporary legislative majority from using impeachment to remove an elected official.
Azcuna warns that calculating two-thirds based only on participating senators could lower the threshold. If 20 senators participate, for example, two-thirds would require 13 or 14 votes, which he says could effectively become a simple majority.
"A threshold must be fixed, not variable.”, Azcuna says, arguing that the requirement should be determinable from the beginning of the proceedings.
The former justices also discuss whether senator-judges who missed impeachment hearings may still vote. Davide said that a senator who never participated should be treated differently, while failure to ask questions does not automatically constitute non-participation.
Additionally, Azcuna considers the matter an internal issue for the Senate. He said that an absent senator-judge may still review transcripts and documentary evidence before deciding whether they can render an impartial judgment.
The four amici curiae present their opinions after several senators remain unable to attend Duterte’s impeachment trial.
The Senate impeachment court must consider these differing interpretations in determining how to apply the constitutional two-thirds requirement.
REFERENCES:
ABS-CBN News. (2026, September 16). Transcript: Legal opinions of ex-justices on conviction threshold. ABS-CBN News. https://share.google/GcN4I4N96PEvmTYey
Pechay, I. (2026, September 16). 3 of 4 ex-SC justices agree conviction threshold not fixed at 16. Inquirer.net. https://share.google/qDGbOx8X7VWVltXY1
Reganit, J. C. (2026, September 16). 3 ex-CJs view 16-vote conviction threshold not fixed; Azcuna differs. Philippine News Agency. https://share.google/1sPdvPc1b0OrJZKpx
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