FULL: Senate Hears Amici Curiae on Voting Threshold in VP Duterte Impeachment Trial — Sept. 16, 2026

Opening Proceedings and Presentation of Legal Issues00:00:00

The session opened with a quorum of 17 senator judges. The court established that it would not hold a trial but would instead hear from appointed Amici Curiae—former Chief Justices Hilario Davide Jr., Artemio Panganiban, and Reynato Puno, and former Associate Justice Adolf Azcuna—to resolve issues regarding the definition of 'all members' of the Senate, the relevance of the Avelino v. Cuenco precedent, and whether non-participating senators can cast a valid vote.

Synopsis of Memorandum by Former Chief Justice Hilario Davide Jr.00:07:21

The Clerk of Court read a synopsis of the memorandum from former Chief Justice Hilario Davide Jr. His position argued that the term 'all members' refers only to those who are physically and legally capacitated to participate. He contended that senators suffering from severe infirmity, those outside the country, or those with legal impediments should be excluded from the denominator when calculating the required two-thirds vote.

Presentation by Former Chief Justice Artemio Panganiban00:16:13

Former Chief Justice Artemio Panganiban argued that the Senate's impeachment power is sui generis, blending legal and political elements. He emphasized that constitutional interpretation should be based on 'truth and fairness' rather than abstract mathematics. He argued that the Senate's decision is final and generally unappealable, except in cases of grave abuse of discretion, and insisted that active participation is essential for a valid verdict.

Presentation by Former Chief Justice Reynato Puno00:35:11

Former Chief Justice Reynato Puno advocated for a 'contextual and functional' approach to constitutional interpretation. He argued that the Senate has the sole power to interpret its own rules, but warned that denying a respondent's right to an impartial tribunal or excluding senators without just cause could result in the Supreme Court declaring the proceedings void due to a violation of due process.

Presentation by Former Associate Justice Adolf Azcuna01:13:36

Former Associate Justice Adolf Azcuna maintained a stricter interpretation, arguing that 'all members' signifies the full membership, intended as a stable denominator to protect against factional manipulation. He noted that the two-thirds requirement is a deliberate supermajority threshold designed to ensure broad consensus, preventing simple majorities from easily overturning the mandate of a nationally elected official.

Interjections and Clarifications by Senator Judges01:32:01

Senator Judges, including Migz Zubiri, Joel Villanueva, and Erwin Tulfo, questioned the Amici Curiae on precedents, the applicability of foreign legal systems, and the potential for 'sabotage' if senators are excluded from the voting denominator. The experts clarified that while technicalities exist, the primary goal of the Senate must be to uphold the spirit of the Constitution through truth, fairness, and accountability.