Vice President Sara Duterte’s lead counsel Sheila Sison on Wednesday invoked the Constitution and a Supreme Court ruling after the Senate impeachment court lowered from 16 to 14 the votes needed to convict the vice president.

The impeachment court ruled that only the 20 senator-judges able to participate in the trial should be counted in determining the two-thirds threshold, replacing Presiding Officer Francis “Chiz” Escudero’s July 6 ruling that 16 votes, based on the full 24-member Senate, were required.

“Considering the action taken by this honorable court today in respect of the voting threshold required and commanded by no less than the Constitution. I would ask that this court be patient with a statement from the defense in respect of this action,” Sison told the tribunal on the defense’s position on the change.

She cited the Supreme Court’s ruling in Duterte v. House of Representatives, emphasizing that impeachment remains subject to constitutional requirements despite its political setting.

Sison also quoted the Supreme Court’s statement that impeachment proceedings must follow the constitutional framework governing public accountability.

“The basic constitutional mandate is that public office is a public trust. Being a constitutional value, any process seeking accountability of our public officers must take place within the strict framework and procedure outlined in the Constitution,” the July 2025 ruling read. 

“This court, regardless of the political result, will not evade its duty to declare when an act is done with grave abuse of discretion amounting to an excess of jurisdiction of any department, organ, or office,” it added.

The Constitution provides that an impeached official cannot be convicted without the concurrence of “two-thirds of all the Members of the Senate.” Escudero interpreted the provision on the first day of trial as requiring 16 votes in the 24-member chamber.