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Ortega Backs Lower Vote Threshold In VP Duterte Impeachment If Senate Count Drops
Photo credit: Congress PH
Deputy Speaker Paolo Ortega V of La Union said the number of votes needed to convict Vice President Sara Duterte in her impeachment trial could be reduced if only 22 senators are able to actively participate in the proceedings.
Ortega raised the possibility that the constitutional requirement of a two-thirds vote should be recalculated based on the number of senators who are actually capable of performing their duties inside the impeachment court.
“Baka kailangan po nilang tignan maigi na ang maging boto po na kakailanganin ay 16, hindi na 16, instead 15 na po kasi parang medyo simple math lang naman po kung tinitignan mo from the outside,” Ortega said.
The discussion comes amid questions over whether senators who are detained, absent, or unable to discharge their functions should still be counted in determining the Senate’s effective membership for impeachment voting purposes.
Ortega acknowledged that the issue raises a constitutional interpretation question that may ultimately require clarification from the courts.
“Hindi naman rin po ako abogado, pati nga po ‘yung mga abogado namin eh tinatanong na rin po ‘yun,” he noted.
He also cited legal principles previously discussed in Avelino v. Cuenco, which addressed how quorum issues may be treated when members of a legislative chamber are unable to participate.
“Pero parang simple lang naman po ‘yung pagkakaintindi na kung immobilized ‘yung isa, e di babawasan lang po,” Ortega explained.
Under the Constitution, conviction in an impeachment trial requires the concurrence of two-thirds of all members of the Senate. However, the current debate centers on how “all members” should be interpreted under unusual circumstances affecting participation.
“‘Yun nga lang, baka magkakaroon ng question na naman po ‘yan. Sana huwag naman umabot sa ganoon,” Ortega said.
He warned that any unresolved dispute over the required vote threshold could lead to further legal challenges and delays in a process already marked by procedural questions.
“Siyempre gusto po tuloy-tuloy na nga natin ‘yan kasi medyo bitin na po yung taong-bayan, ang tagal na pong inaantay yan eh,” he pointed out.
The Senate impeachment court is currently preparing for the trial of Vice President Duterte following the transmission of the Articles of Impeachment and the submission of pre-trial documents by both prosecution and defense panels.
Ortega urged the Senate to settle the issue of the voting requirement before the trial reaches the stage where senator-judges will be asked to vote on conviction or acquittal.
“Sana po walang impediment, ano man, at ma-resolve na po agad yun, yung number na kakailanganin, if ever,” he said.
Ortega raised the possibility that the constitutional requirement of a two-thirds vote should be recalculated based on the number of senators who are actually capable of performing their duties inside the impeachment court.
“Baka kailangan po nilang tignan maigi na ang maging boto po na kakailanganin ay 16, hindi na 16, instead 15 na po kasi parang medyo simple math lang naman po kung tinitignan mo from the outside,” Ortega said.
The discussion comes amid questions over whether senators who are detained, absent, or unable to discharge their functions should still be counted in determining the Senate’s effective membership for impeachment voting purposes.
Ortega acknowledged that the issue raises a constitutional interpretation question that may ultimately require clarification from the courts.
“Hindi naman rin po ako abogado, pati nga po ‘yung mga abogado namin eh tinatanong na rin po ‘yun,” he noted.
He also cited legal principles previously discussed in Avelino v. Cuenco, which addressed how quorum issues may be treated when members of a legislative chamber are unable to participate.
“Pero parang simple lang naman po ‘yung pagkakaintindi na kung immobilized ‘yung isa, e di babawasan lang po,” Ortega explained.
Under the Constitution, conviction in an impeachment trial requires the concurrence of two-thirds of all members of the Senate. However, the current debate centers on how “all members” should be interpreted under unusual circumstances affecting participation.
“‘Yun nga lang, baka magkakaroon ng question na naman po ‘yan. Sana huwag naman umabot sa ganoon,” Ortega said.
He warned that any unresolved dispute over the required vote threshold could lead to further legal challenges and delays in a process already marked by procedural questions.
“Siyempre gusto po tuloy-tuloy na nga natin ‘yan kasi medyo bitin na po yung taong-bayan, ang tagal na pong inaantay yan eh,” he pointed out.
The Senate impeachment court is currently preparing for the trial of Vice President Duterte following the transmission of the Articles of Impeachment and the submission of pre-trial documents by both prosecution and defense panels.
Ortega urged the Senate to settle the issue of the voting requirement before the trial reaches the stage where senator-judges will be asked to vote on conviction or acquittal.
“Sana po walang impediment, ano man, at ma-resolve na po agad yun, yung number na kakailanganin, if ever,” he said.
Jun 16, 2026
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