16 or lower? Ex-SC justices guide impeachment court on conviction threshold issue

AMICI CURIAE. Retired chief justice Reynato Puno shares his opinion on the impeachment conviction threshold issue before the impeachment court on September 17, 2026.

Senate of the Philppines

The amici curiae give solicited advice to the impeachment court on the crucial issue

MANILA, Philippines – The Senate impeachment court invited four retired Supreme Court justices — three of them former top magistrates — on Wednesday, September 17, as amici curiae or friends of the court, to help guide senator-judges on the conviction threshold issue in the trial of Vice President Sara Duterte.

The Constitution states that in an impeachment proceeding, no person shall be convicted without a two-thirds vote of all members of the Senate. As 24 is the total number of senators, two-thirds would be 16.

Retired chief justices Hilario G. Davide Jr. (a member of the 1986 Constitutional Commission that drafted the 1987 Constitution), Artemio V. Panganiban, and Reynato S. Puno are of the opinion that the number of votes needed to remove the impeached official is not fixed at 16. This is when there are senator-judges who are absent due to legal issues or other impediments that keep them from actively participating in the process and making an informed judgment.

Senators Jinggoy Estrada and Rodante Marcoleta are detained due to separate plunder charges, Senator Bato dela Rosa has been in hiding even before the impeachment trial started because of an International Criminal Court warrant for crimes against humanity charges, while Senator Loren Legarda is abroad, on medical leave.

Retired justice Adolfo S. Azcuna, also one of the framers of the 1987 Constitution, believed that the votes should be fixed at 16 to represent a “supermajority” and prevent the abuse of the impeachment process.

The justices also stressed the importance of a “fair and impartial” judgment and upholding the rights of the respondent to keep the Supreme Court from stepping in. The only time this will happen, they said, is if the court commits a “grave abuse of discretion.”

Watch their presentations here.

Retired chief justice Hilario G. Davide Jr.

Retired chief justice Hilario Davide Jr. was unable to attend the hearing on Wednesday as he had a recent medical procedure, said presiding officer Chiz Escudero, but the former top magistrate submitted his memoranda to the court.

Senate Secretary Rey Bantug Jr. was directed to read the synopsis of Davide’s memoranda at the hearing.

Retired chief justice Artemio V. Panganiban

Retired chief justice Reynato S. Puno

Retired SC justice Adolfo S. Azcuna

The impeachment court will hear oral arguments on the threshold issue on September 23. – Rappler.com