Sen. Francis ‘Chiz’ Escudero on Monday said Vice President Sara Duterte can only be convicted in her impeachment trial with the affirmative vote of at least 16 senator-judges.
After taking his oath as presiding officer of the Senate sitting as an impeachment court, Escudero said the Constitution requires the concurrence of two-thirds of all Senate members to secure a conviction.
“With 24 members of the Senate, a literal interpretation of this means that conviction requires the affirmative vote of at least 16 senator-judges,” Escudero said.
He cited the 2000 Supreme Court ruling in Bayan v. Zamora, which held that despite only 23 incumbent senators at the time, the constitutional requirement of a two-thirds vote still meant at least 16 affirmative votes.
Escudero stressed that the same constitutional standard must be observed in Duterte’s impeachment trial, saying it protects both the respondent’s rights and the sovereign will of the people.
“This is the prevailing law today. And whether we agree with it or not, we must abide by it,” he said.
Escudero made the statement following the arrest earlier Monday of Sen. Rodante Marcoleta on plunder charges. Sen. Jinggoy Estrada had also been arrested on plunder charges weeks earlier and is currently under a 90-day suspension.
Escudero was formally elected Monday afternoon as presiding officer of Duterte’s impeachment trial. He previously served in the same role during the 2025 impeachment proceedings while Senate president.
Addressing fellow senator-judges, Escudero urged them to dispense impartial justice in accordance with the Constitution and the law.
“As presiding officer, I shall do my part to uphold the fairness and integrity of this process, and shall see it through to its proper conclusion,” he said.
He also emphasized that he neither sought nor lobbied for his election as presiding officer.
