Sen. Robin Padilla on Friday maintained that the Constitution requires all members of the Senate to be counted in determining the two-thirds vote needed to convict an impeached official.

Speaking to reporters at the Department of Justice, where he appeared for the preliminary investigation of an obstruction of justice complaint, Padilla said the Senate minority has yet to discuss whether it would challenge the impeachment court’s revised voting threshold before the Supreme Court. 

“Wala pa po kaming napag-usapan,” he said.

Asked whether he favored the original 16-vote requirement or a lower threshold, Padilla said he was standing by the wording of the Constitution.

“Hindi po. Ang pinaninindigan natin ay ang Constitution. Malinaw po ’yon, ‘All,’” he said.

The Senate impeachment court on 23 September voted 13-1 to abandon the fixed 16-vote threshold and instead count only senators who are legally and factually capable of participating when judgment is rendered. 

The ruling has since been challenged before the Supreme Court, with former Executive Secretary Vic Rodriguez seeking its nullification and a temporary restraining order.