Palace Won’t Say How Many Senate Votes It Takes to Convict Sara Duterte

The arithmetic of an impeachment conviction has become the central fight in Vice President Sara Duterte’s trial — and Malacañang has decided to stay out of it. This story leads Section A of the September 21, 2026 Philippine Times of Southern Nevada (Vol. 21, No. 874).

Malacañang Leaves the Impeachment Voting Threshold to the Senate

MANILA — Malacañang on Wednesday declined to weigh in on the voting threshold for the impeachment trial of Vice President Sara Duterte, saying it will leave the matter to the Senate.

Palace Press Officer Claire Castro said the Marcos administration would not issue an opinion or judgment on whether the threshold should be based on all 24 senators or only those qualified to participate in the proceedings.

“Sa parte po ng administrasyon, sa parte po ng Pangulo, hindi po kami magbibigay ng anumang opinyon, ng anumang judgment patungkol po diyan,” Castro said in a Palace briefing. “Hahayaan po natin ang Senado na siyang mag-determine kung ano sa palagay nila ang nararapat.”

Castro stressed that the President would not intervene. “Kung ano po ang magiging threshold, hindi po makikialam ang Pangulo patungkol diyan,” she said, adding that the administration’s only concern is that justice prevails.

Davide: Count Only the Senators Qualified to Vote

Retired Chief Justice Hilario Davide Jr. laid down the opposing arithmetic in a memorandum read into the Senate impeachment court record, as senator-judges heard amici curiae on the meaning of “all the Members of the Senate” under Article XI, Section 3(6) of the Constitution.

Davide — a framer of both the 1973 and 1987 Constitutions — said the word “Members” was always understood to mean living persons not barred by mental, physical, health or legal impediments from performing a senator’s duties.

“Clearly then, the basis of computing the two-thirds must be the number of senators who are qualified to vote, not the 24 in the present Senate,” Davide said. Any contrary reading, he argued, “would defy reason, logic and common sense; tolerate an absurdity; and perpetuate an injustice.”

Why the Math Matters Right Now

The threshold turned contentious because several senators have missed most of the trial. Sen. Ronald dela Rosa is in hiding after being wanted by the International Criminal Court over his role in former president Rodrigo Duterte’s drug war. Senators Jinggoy Estrada and Rodante Marcoleta are in detention over plunder cases. Senator Loren Legarda is on medical leave.

Under a 24-senator base, conviction requires 16 votes. Under Davide’s reading, the denominator shrinks — and so does the number of votes needed.

Ex-Justices Map Safeguards for Detained and Absent Senators

Senator-judge Joel Villanueva pressed the amici curiae on how the Senate could avoid two opposite abuses. “No senator should be able to manufacture a veto by disappearing,” he said. “But no majority should be able to manufacture a conviction by deleting opponents from the denominator.”

Azcuna: membership ends only at death, resignation or removal

Retired Associate Justice Adolfo Azcuna held that a senator stays in the denominator as long as he or she holds office. To keep detention from leaving a senator counted but unable to vote, he suggested Congress pass a law letting detained senators participate in impeachment proceedings.

Puno: remote participation is an open question

Retired Chief Justice Reynato Puno raised allowing a detained member to follow testimony electronically and receive transcripts. “They can see the witnesses testifying. They can be provided with the transcripts,” he said.

Panganiban: an impeachment court is a trial court

Retired Chief Justice Artemio Panganiban agreed detention does not erase membership, but separated that from whether a senator who missed the evidence should judge it. “The Senate acting as an impeachment court is a trial court because you want to know the truth firsthand,” he said.

How This Connects to Article II

The threshold argument arrives as the prosecution prepares its financial case. Earlier this month the Philippine Times reported that the House prosecution panel received the bank and tax records it subpoenaed from Duterte, her husband Manases Carpio, and their companies — the evidentiary spine of Article II, which alleges wealth disproportionate to lawful income and incomplete SALN disclosures. Duterte’s defense has disputed the allegations.

Frequently Asked Questions

How many senators are needed to convict Sara Duterte?

The Constitution requires the concurrence of two-thirds of all members of the Senate. With a 24-member base that is 16 votes. The dispute is whether the base should instead count only senators legally and physically qualified to vote, which would lower the number required.

What did the Palace say about the threshold?

Palace Press Officer Claire Castro said the Marcos administration will not issue an opinion or judgment on the threshold and will leave the determination entirely to the Senate.

Which senators have not been participating in the trial?

Sen. Ronald dela Rosa is in hiding over an International Criminal Court warrant. Senators Jinggoy Estrada and Rodante Marcoleta are in detention over plunder cases. Senator Loren Legarda is on medical leave.

Where can I read the full report?

The complete report runs on pages A-1 through A-4 of the September 21, 2026 edition, free to read and download at ptsnv.com.

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