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Advocates Philippines
House Prosecutor Says VP Sara Conviction Vote Should Be Based On Active Senators
Photo credit: Congress PH
A member of the House prosecution panel argued on Wednesday that the number of votes needed to convict Vice President Sara Duterte in her impeachment trial should be computed based on senators who are actually able to participate in the proceedings.
Speaking ahead of the Senate impeachment trial, House lead prosecutor Gerville Luistro said the constitutional two-thirds voting requirement should be adjusted if some senators are unable to perform their duties as senator-judges.
Luistro pointed to the Supreme Court's ruling in Avelino v. Cuenco, saying the doctrine used in determining Senate leadership issues could also guide the computation of the conviction threshold in an impeachment case.
According to Luistro, senators who are unable to actively take part in the proceedings should not be counted when determining the required number of votes. She emphasized that senators are elected to represent the Filipino people and questioned whether those who are detained or otherwise unavailable can effectively fulfill that responsibility.
Her remarks came after the preventive suspension of Senator Jinggoy Estrada in connection with cases linked to the flood control controversy, while Senator Ronald dela Rosa remains the subject of an arrest warrant issued by the International Criminal Court.
Luistro argued that if only 22 senators are available to serve as senator-judges, then the required two-thirds vote for conviction should be based on that number instead of the Senate's full 24-member composition.
The House prosecution panel has consistently maintained that only senators who actively participate in the impeachment proceedings should be allowed to vote on the case.
The Senate impeachment court is scheduled to hold its pre-trial conference on June 18, while the formal trial proceedings are expected to begin on July 6. The issue of how many votes will be needed for a conviction is likely to be among the legal questions closely watched as the historic proceedings move forward.
Speaking ahead of the Senate impeachment trial, House lead prosecutor Gerville Luistro said the constitutional two-thirds voting requirement should be adjusted if some senators are unable to perform their duties as senator-judges.
Luistro pointed to the Supreme Court's ruling in Avelino v. Cuenco, saying the doctrine used in determining Senate leadership issues could also guide the computation of the conviction threshold in an impeachment case.
According to Luistro, senators who are unable to actively take part in the proceedings should not be counted when determining the required number of votes. She emphasized that senators are elected to represent the Filipino people and questioned whether those who are detained or otherwise unavailable can effectively fulfill that responsibility.
Her remarks came after the preventive suspension of Senator Jinggoy Estrada in connection with cases linked to the flood control controversy, while Senator Ronald dela Rosa remains the subject of an arrest warrant issued by the International Criminal Court.
Luistro argued that if only 22 senators are available to serve as senator-judges, then the required two-thirds vote for conviction should be based on that number instead of the Senate's full 24-member composition.
The House prosecution panel has consistently maintained that only senators who actively participate in the impeachment proceedings should be allowed to vote on the case.
The Senate impeachment court is scheduled to hold its pre-trial conference on June 18, while the formal trial proceedings are expected to begin on July 6. The issue of how many votes will be needed for a conviction is likely to be among the legal questions closely watched as the historic proceedings move forward.
Jun 17, 2026
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