Senator Francis “Chiz” Escudero, presiding officer of the impeachment trial of Vice President Sara Duterte, maintained on Tuesday, July 7, 2026, that 16 affirmative votes are required to secure a conviction.
During the resumption of the trial, Escudero clarified that his position constitutes a formal ruling of the impeachment court unless overturned through available legal remedies.
Lacson seeks clarification on Escudero's statement
The issue was raised by Senator-judge Panfilo ”Ping” Lacson when he sought clarification on whether Escudero's earlier pronouncement was merely a legal opinion or an official ruling of the impeachment court.
“My point of inquiry, Mr. Presiding Officer, is this: Is this portion of your opening statement a matter of legal opinion on your part as presiding officer, or does it constitute a ruling by the impeachment court?” Lacson said.
“If the response is that it is the latter, does this mean that this court, through the presiding officer, has raised the level of discourse to a justiciable issue or dispute that the Supreme Court may have the authority to settle and resolve, should either one or both panels decide to challenge the ruling on the ground of grave abuse of discretion?” he added.
Escudero's ruling and its implications
Escudero said the Constitution is clear that no official may be convicted in an impeachment trial without the concurrence of two-thirds of all the members of the Senate.
"To clarify, yes, I believe it may already be considered a justiciable controversy, although it is not for us to dictate that, but for the courts. Given that it is a ruling of the chair, not objected to nor appealed by any member of this court, it therefore stands," Escudero responded.
The issue has gained significance following the absence of several senator-judges.
Lacson agrees with 16-vote requirement
In a statement on Wednesday, July 8, 2026, Lacson said he agrees with the view that 16 votes are needed for conviction because the Senate still has 24 members under the 20th Congress, including those who are detained, Jinggoy Estrada and Rodante Marcoleta, as well as Ronald dela Rosa, who remains in hiding.
“Hindi ako tutol, bagkus nakikiisa ako sa pananaw na dapat 16 talaga ang bilang sa ngayon dahil kahit may nakakulong at nagtatago, kasama pa rin sila sa bilang ng 24 senators under the 20th Congress,” he said. (I do not object. In fact, I share the view that the required number should indeed be 16 at this time because, even if some senators are detained or in hiding, they are still counted as part of the 24 senators of the 20th Congress.)
Marcoleta is currently under detention on plunder charges, while Estrada is also detained over alleged irregularities involving flood control projects. Meanwhile, Dela Rosa remains in hiding after the International Criminal Court issued an arrest order against him in connection to the alleged crime against humanity in the country during the implementation of the drug war.
Marcoleta and Dela Rosa were known to be staunch supporters of the Duterte family.
Cayetano's proposal for detained senators
During the opening of Duterte's impeachment trial on Monday, Senator Alan Peter Cayetano moved to allow detained senators Estrada and Marcoleta to monitor and participate in the proceedings through a special arrangement with the courts.
The proposal has yet to be acted upon by the impeachment court.
