Former Senate president Franklin Drilon rejected Senate Minority Leader Alan Peter Cayetano’s claim that changing the impeachment court’s 16-vote conviction threshold during Vice President Sara Duterte’s trial could result in a mistrial.
Drilon said Presiding Officer Francis Escudero’s June 6 ruling can still be appealed before the impeachment court and was not intended to be final, particularly amid questions over the absence of several senator-judges.
Three retired chief justices serving as amici curiae have expressed the view that the two-thirds requirement should be based on senators legally qualified and able to vote, although Drilon said it remains up to the senator-judges whether to adopt their opinions.
Drilon emphasized that the Constitution grants the Senate the “sole power to try and decide” impeachment cases, while acknowledging that either side may challenge the Senate’s interpretation of the voting requirement before the Supreme Court.
He said the Supreme Court would ultimately decide whether to intervene or treat the matter as a political question reserved for the Senate.
Source: PhilNews24 | September 22, 2026
