Manila: The Senate impeachment court may be required to conduct two separate votes to determine the necessary number of votes for the conviction of Vice President Sara Duterte. This necessity arises even if senator-judges initially decide to overturn presiding officer Francis 'Chiz' Escudero's existing 'hard 16' ruling.

According to Philippines News Agency, impeachment court spokesperson Reginald Tongol explained that the first issue before the senator-judges is whether to accept Senator-judge Erwin Tulfo's appeal against Escudero's July 6 ruling. This ruling mandates 16 votes, or two-thirds of the 24-member Senate, for a conviction. Tongol noted that if a majority vote reverses the ruling, the required vote count for final conviction would change from the 'hard 16,' though the exact new requirement remains undetermined.

Tongol indicated that a second vote might be required to establish the new denominator due to the differing circumstances of senators who are not currently participating in the trial. These circumstances include senators who are absent, on medical leave, detained, or facing suspension in criminal cases, which could impact their inclusion in the constitutional two-thirds requirement computation.

The impeachment court plans to hear from amici curiae, or friends of the court, on Wednesday, followed by the prosecution and defense presenting oral arguments on September 23. Tongol mentioned that the court aims to vote on Tulfo's appeal after these arguments, although the precise question to be presented to the senator-judges has not been finalized.

Escudero will cast his vote despite his role as presiding officer, whose ruling is under appeal. Tongol clarified that Escudero will exercise his right to vote as a senator-judge, as the impeachment proceeding involves a judicial and deliberative function in which each senator-judge participates.

With 20 senator-judges currently active, Tongol acknowledged that 11 votes could form a majority if all 20 are included in the voting base. However, he emphasized that the court has yet to determine the exact structure of the appeal and any subsequent threshold questions.

Senator-judge Tulfo has stated that his appeal aims not to lower the threshold for Duterte's conviction but to clarify whether senators unable to participate should still be counted among 'all the Members of the Senate' as stipulated by the Constitution.