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Retired Supreme Court Associate Justice Adolfo Azcuna on Wednesday, Sept. 16, backed retaining the 16-vote threshold to convict Vice President Sara Duterte in her impeachment trial.

Speaking as an amicus curiae before the Senate impeachment court, Azcuna said the Constitution’s reference to “two-thirds of all the members of the Senate” means the full 24-member Senate should be used in determining the conviction threshold, regardless of how many senator-judges are present or participating during the final vote.

Azcuna also said absent senator-judges may still vote in the impeachment trial. (Video courtesy of the Senate of the Philippines)

READ: https://mb.com.ph/2026/09/16/azcuna-backs-16-vote-threshold-says-absent-senator-judges-may-still-vote-in-impeachment-trial

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Transcript
00:00I am here to answer the questions as a friend of the court, representing neither party, and expressing my personal
00:15opinion on the constitutional and legal issues propounded by the advisory of the court to me.
00:28Your Honors, the first question is whether the phrase,
00:36all the members of the Senate in Article 11, Section 3, Subsection 6 of the 1987 Constitution should refer to
00:49the Senate's full membership of 24 senators,
00:53or only to those who are legally and physically capacitated to participate and vote on the final question in an
01:04impeachment trial.
01:14I respectfully submit, Your Honors, that the reference in this provision is to all members of the Senate.
01:26As long as they are members of the Senate, they constitute the denominator and computing the threshold of two-thirds,
01:37because all means all.
01:40...
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01:53You
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