LIVE UPDATES: Vice President Sara Duterte’s Impeachment Trial (Day 29)
Today is the 29th day of the impeachment trial of Vice President Sara Duterte wherein Senator-judges will hear oral arguments from the impeachment prosecution and defense on the voting threshold needed to convict or acquit Duterte.
2:10 p.m. – The Senate impeachment trial court is adjourned. Trial will resume on Monday, September 28, 2026, 10 a.m.
2:09 p.m. – Sison says from this day, the respondent’s participation in the trial will be made ad cautelam or with caution and that she will exhaust all legal remedies.
2:04 p.m. – Escudero accepts the vote of the senator-judges and says the ruling is not binding to future impeachment proceedings.
2:02 p.m. – The ayes or yes votes grant the appeal to overturn the July 6 ruling of Escudero.
The phrase “all members of the Senate” shall now refer only to those members who, at the time of vote, remain legally and factually capable of participating in the impeachment proceedings thereby excluding members who are detained, suspended, or otherwise legally restrained from exercising their function.
1:59 p.m. – Senators vote and the ayes have it. The appeal is won and overturns the July 6 ruling of Escudero.
There are 13 affirmative votes, 1 negative vote, and 6 did not participate. Those who did not participate are — Senators Alan Peter Cayetano, Pia Cayetano, Bong Go, Imee Marcos, Robinhood Padilla, and Camille Villar.
Escudero cast the negative vote.
1:52 p.m. – Trial resumes. The impeachment court now proceeds to the appeal of Senator-judge Erwin Tulfo.
12:58 p.m. – The Senate impeachment trial court takes a brief recess. Trial will resume at 1:30 p.m.
12:56 p.m. – Go says there is no vacancy in the Senate today, insists that the same two-thirds vote of all members must apply to anyone who stands before the impeachment court.
12:51 p.m. – Senator-judge Robinhood Padilla and Christopher “Bong” Go also vote no.
12:39 p.m. – Senator-judge Camille Villar also votes no, says they should not be deciding on the matter.
12:33 p.m. – Senator-judge Imee Marcos says she is voting against the proposal to vote on the denominator to determine the needed number for conviction.
12:31 p.m. – Escudero: With 13 affirmative votes, six negative votes, and one abstention, the appeal is lost.
12:28 p.m. – The impeachment court is now voting on the point of order of Senator-judge Alan Peter Cayetano — if motion is carried, the point of order as proposed, there will be no vote on the threshold.
12:25 p.m. – Senator-judge Pia Cayetano says her position on the matter on the voting threshold is for the Supreme Court and not the impeachment court to decide.
She says if the body decides to proceed with the interpretation, she will no longer be able to participate in that decision.
12:14 p.m. – Escudero says there will be a vote today.
12:14 p.m. – Senator-judge Alan Peter Cayetano: “If we’re going to vote on this issue, we’re not going to participate. Because we don’t think it’s a matter that we can vote on.”
12:13 p.m. – Senator-judge Vicente Sotto III moves to amend the proposal of Senator-judge Erwin Tulfo by saying, “We retain the two-thirds to those who are able to vote.”
According to Sotto, he does not see the number 16 in the Constitution but the fraction two-thirds.
Escudero says they will take Sotto’s amendment under advisement.
12:07 p.m. – Earlier, Tulfo said that probably, during the crafting of the 1987 Constitution, the cases against senators were only subversion and sedition, not plunder which was why the framers did not take this into consideration.
12:03 p.m. – Senator-judge Erwin Tulfo apologizes if some were hurt about his statement regarding their colleagues. Tulfo clarifies, though, that he did not say “convicted plunderer” but “charged with.”
11:50 a.m. – Senator-judge Camille Villar makes an appeal regarding their colleagues who are not able to attend the imipeachment trial, says it is not their choice. She adds that it is unfair for these senators to be called out when they have not been convicted.
Villar: “As the youngest member of this august body, can we stop it with these attacks on each other? We are senators of the Philippines. Let us give each other due respect. Let us give Filipinos due respect.”
11:45 a.m. – Quorum is declared with 20 senator-judges present.
11:39 a.m. – Senator-judge and Presiding Officer Francis Escudero says his July ruling is not a final judgment on any Article of Impeachment. He adds that a ruling can be questioned at any point in time.
11:24 a.m. – Senator-judge Panfilo Lacson makes a manifestation regarding supposed misleading statements from the prosecution and defense.
Lacson says former Supreme Court Associate Justice Adolfo Azcuna did not agree that 16 is not absolute and was emphatic that “all means all.”
Lacson also says that during the Corona trial, the threshold was maintained at 16 because when they took the two-thirds of 15 senators, the result was 15.33 and the court rounded up.
11:18 a.m. – Senator-judge Bam Aquino asks both parties if they will bring the matter of the voting threshold to the Supreme Court if the decision of the impeachment court does not favor their side.
According to Poa, it is possible that they will raise the matter with the Supreme Court.
Diokno says it is within exclusive power and authority of the impeachment court to make the decision.
Aquino agrees that the matter can be taken to the Supreme Court.
11:09 a.m. – Cayetano asks Diokno what happens if the four senators who are not able to attend the trial at the moment suddenly become available to participate.
Diokno says the principles of judges should be adopted and that is, a judge can only participate if they heard and received evidence.
10:58 a.m. – Cayetano: “To discuss it in the middle of the trial… is not only inconvenient or unconformable. I used the word ‘mistrial’ as a word of accountability.”
10:57 a.m. – Senator-judges are recognized for their interjections.
According to Senator-judge and Minority Leader Alan Peter Cayetano, they welcome the discussion on the issue of voting threshold, but in the Supreme Court. Or if in the Senate, this should have been done before the rules were passed.
10:56 a.m. – Poa: “Circumstances change, political alliances shift, majorities come and go. But at the end of the day, the Constitution must remain.”
10:55 a.m. – Poa states that two-thirds super majority is a constitutional safeguard for a respondent — that he will not be removed just because he is not allied with the majority.
10:52 a.m. – Poa says Avelino v Cuenco does not apply on the impeachment because it was about quorum.
10:52 a.m. – Poa points out that the number of senators during the Corona impeachment trial was only 23 after then Senator Noynoy Aquino was elected President.
Poa asks why the voting threshold is being talked about in the case of Duterte when it was not done in the case of Corona.
10:49 a.m. – According to Poa, the Constitution says “all members of the Senate,” not all members present or all members participating.
He says absence, non-participation, and being detained because of criminal charges do not create a vacancy.
10:47 a.m. – Poa argues that if the voting threshold will be lowered, it will raise questions if the respondent is being afforded due process guaranteed by the Constitution.
10:46 a.m. – Poa recalls that no one objected to the ruling of the Presiding Officer last July 16 that the number of votes needed to convict is 16.
Poa: “Nothing in the rules suggests that the ruling of the Presiding Officer may be challenged indefinitely or modified arbitrarily because kung ganoon ang ating magiging panuntunan, eh di pati po yung ruling doon sa pag-issue ng subpoena sa mga bank records ay puwede pa rin palang buksan muli at pagbotohan? Yun palang mga ruling ng Presiding Officer sa bawat objection ay puwede pa ring balikan.”
10:41 a.m. – Poa says the defense believes that the number of votes needed to convict is 16.
10:41 a.m. – Poa is recognized.
He says, “The Supreme Court has reminded us time and time again that when the law is clear, there is no room for interpretation, there is only room for application.”
10:39 a.m. – Diokno: “The evidence does not become stronger or weaker depending upon the denominator… Whatever the court decides, the prosecution will respect that decision because utlimately, two-thirds remains two-thirds.”
10:38 a.m. – According to Diokno, the two-thirds requirement remains the same. What must be determined is the applicable membership given the Senate’s actual legal capacity to perform its impeachment function.
10:36 a.m. – Diokno says fixing the denominator at 24 even if some senators were not able to take their oath, are detained or suspended, is “absurd” and would be tantamount to acquittal by default.
10:31 a.m. – Diokno points out that the Avelino v. Cuenco decision, although about a legislative quorum, demonstrates why constitutional membership language must be interpreted with attention to institutional circumstances, not automatically based on the denominator 24.
10:29 a.m. – Diokno: “Hindi ba sa impeahcment case ang kumakatawan sa taumbayan ay kayo po, mga senator-judges? Kanino haharap at mananagot ang impeached official kung absent at hindi available ang huwes? Sa bakanteng upuan at mesang malamig?”
10:27 a.m. – Diokno shares another lens through which different views can be considered — accountability.
10:24 a.m. – Diokno mentions that the four amici curiae all concluded, expressly or essentially, that the voting threshold of 16 is not an absolute number and can change under certain circumstances. He says the court will decide which is the best approach.
10:23 a.m. – Diokno says they are confident in their case and believe and trust the independent judgment of the impeachment court. He says the prosecution will do its job whatever the voting threshold is.
10:20 a.m. – Diokno proceeds with his oral arguments.
10:19 a.m. – Senator-judge and Presiding Officer Francis Escudero rules against the motion of Diokno, says Sison referred to Duterte as respondent/accused.
10:14 a.m. – Diokno asks the court how Vice President Sara Duterte should be addressed because the counsels for the respondent supposedly refer to her as accused.
Lead defense counsel Atty. Sheila Sison says they refer to their client as respondent/accused.
Sison: “Even though the prosecution feels that this is not a criminal action per se, the Articles of Impeachment will show that the charges are criminal in nature.”
Diokno: “This is clearly not a criminal case by any stretch. There is no criminal liability involved in this case. This is a case involving the fitness of the Vice President to continue in office. And as we all know, it’s sui generis. Therefore, it would be improper and it may even lead to misconceptions if the respondent’s counsel were to refer to the Vice President as the accused.”
10:08 a.m. – The impeachment court will hear the oral arguments of the parties on the issue of voting threshold.
Atty. Michael Poa will represent the defense team, while Rep. Jose Manuel “Chel” Diokno will represent the prosecution team instead of Rep. Leila de Lima.
Lead House prosecutor Rep. Gerville Luistro says De Lima is addressing a “very important and urgent concern.”
10 a.m. – The Senate impeachment trial court convenes.