Joselito Malig

Article (news)

RG Cruz

ABS-CBN News

<p>MANILA <strong>(UPDATE)</strong> — Vice President Sara Duterte&#x27;s impeachment trial may end up being decided by the Supreme Court if the Senate, as the impeachment court, decides to convict her will less than the 16 votes — the two-thrids required by the 1987 Constitution.</p><p>Constitutionalist and retired Supreme Court Justice Adolfo Azcuna said the Senate is &quot;the sole power to try and decide the impeachment case&quot; but that the case may be brought before the SC in case of grave abuse of discretion. </p><p>&quot;Supposing the threshold should be 16, but the vote is only 15, and, but the Senate tribunal enters a judgment of conviction saying that the threshold has been met, then that, can be questioned as a grave abuse of discretion, in my view,&quot; he said.</p><p>Former Senate President Franklin Drilon said bringing the matter to the Supreme Court would require resolving whether it can have jurisdiction over an impeachment case.</p><p>&quot;The Supreme Court may or may not entertain the petition, but that is an issue, which, on its surface — on its face can be brought to the Supreme Court,&quot; he said.</p><p>Political scientist Julio Teehankee meanwhile said that with Sen. Jinggoy Estrada in detention and facing graft cases, Sen. Ronald &quot;Bato&quot; Dela Rosa in hiding, and Sen. Rodante Marcoleta facing a potential plunder complaint, the impeachment case will likely reach the Supreme Court unless prosecutors present a case that would convince more than 16 senator-judges to convict.</p><p>&quot;At the rate things are going nga, &#x27;no?&quot; he said.</p><div><a href="https://www.abs-cbn.com/news/nation/2026/6/10/gatchalian-16-votes-needed-for-conviction-at-impeachment-trial-1554">Gatchalian: 16 votes needed for conviction at impeachment trial<br/></a></div><p>The forthcoming Duterte trial would be the third full-blown impeachment trial in the country&#x27;s history and the third where not all 24 senators will be sitting as judges. </p><p>Drilon, who was a senator-judge in the impeachment trial of then President Joseph Estrada, said there was no opportunity then to address the question on whether the two-thirds vote would be based on 24 members or on how many of them were sitting as senator-judges.</p><p>It did not come up either in the impeachment trial of Chief Justice Renato Corona, when there were only 23 senators. Corona was ousted by 20 senators who voted to convict, while only three voted to acquit.</p><p>Azcuna said he believes a suspended senator — Estrada is suspended while his graft cases are pending — should be included in the count. </p><p>&quot;What the Supreme Court said in one case is that someone suspended cannot hold public office.What it means is he cannot exercise the public office, but the position is still occupied by him or her,&quot; he said.</p><div><br/></div><div><strong>DRILON: NUMBER SHOULD ADJUST TO CIRCUMSTANCES</strong></div><p>Drilon meanwhile warned of &quot;absurdities&quot; in insisting that the voting should always be based on 24 members.</p><p>&quot;Suppose 10 senators will resign. Then you would only have 14 senators. If there are only 14 senators, are you telling me that we cannot enforce an accountability measure in the Constitution, which is impeachment?&quot; </p><p>He said that he believes the number should be consistent with Avelino v. Cuenco, the Supreme Court decision that has been the basis for declaring a quorum at the Senate even when fewer than a simple majority of all members are present.</p><p>&quot;Where, the particular senator is in hiding, as in the case of Senator Bato, or under detention, as in the case of, Senator Jinggoy, I do not believe that the two-thirds should be based on 24, but on 22,&quot; he said.</p><div><a href="https://www.abs-cbn.com/news/nation/2026/6/3/what-is-the-quorum-of-12-that-broke-senate-standstill-1804">What is the ‘quorum of 12’ that broke Senate standstill?</a></div><div><br/></div><div><strong>SENATE PRESIDENT, MINORITY LEADER STICK WITH 16</strong></div><p>Senate President Sherwin Gatchalian and Sen. Panfilo Lacson have said that they believe the number needed to convict would still be 16.</p><p>Lacson pointed out, however, that &quot;the impeachment court as a collegial body will decide based on the wisdom of the majority of the senator-judges&quot;. </p><p>He has also suggested finding a way to let suspended and detained senators participate in the trial by, for example, considering only their legislative functions suspended.</p><p>&quot;Otherwise, it&#x27;s going to be a crisis. There might as well be no impeachment trial,&quot; he said.</p><p>Senate Minority Leader Alan Peter Cayetano has warned the majority against lowering the threshold.</p><p>“Are we going to really have an impartial trial, or aayusin at luto na? Are we going to tell [people] the truth that dapat 16 to convict, or babawasan ba ng anim na senador para maging 12 na lang?” he said.</p><p>Teehanke meanwhile cautioned against a perceived effort to keep senators seen to be supportive of Duterte from participating in the trial — an allegation raised by Cayetano and other members of his minority bloc.</p><p>&quot;Baka hindi rin &#x27;to tanggapin ng publiko, &#x27;no?&quot; he said.</p>

<p>Vice President Sara Duterte's impeachment trial may end up being decided by the Supreme Court, according to a former high court judge.</p>

Vice President Sara Duterte's impeachment trial may end up being decided by the Supreme Court, according to a former high court judge.

Sara Duterte impeachment may end up in Supreme Court, Azcuna says

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Sara Duterte impeachment may end up in Supreme Court, Azcuna says

RG Cruz,

ABS-CBN News

Published July 02, 2026 04:46 PM PHT

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Updated July 02, 2026 05:39 PM PHT

Read More:

Sara Duterte

Senate

impeachment trial

Supreme Court

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