The parties and senator-judges argued over the meaning of two-thirds of all Senate members; the chair used the provision to state the court's new controlling threshold.
← Timed transcript
Research record
September 23, 2026
The constitutional threshold, rules, cases and court records expressly discussed as the impeachment court revisited the conviction vote requirement.
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1987 Constitution — Article XI, Section 3(6)
Constitutional authority
Senate Rules of Procedure on Impeachment Trials — Rule XXII
Impeachment-trial rules
Before taking the threshold vote, the chair stated that it would proceed under Rule 22 of the impeachment rules.
Rules of the Senate — Rule XXXIII, Section 91
Senate procedural rules
The chair addressed the defense's timing argument concerning reconsideration under Rule 33, Section 91; a senator-judge later invoked the same provision.
Rules of Court — Rule 65, Section 4
Procedural rule
A senator-judge invoked the 60-day filing period for a petition for certiorari while arguing that the threshold issue was raised late.
Bayan v. Zamora, G.R. No. 138570 (October 10, 2000)
Supreme Court decision
Prosecution counsel cited Bayan v. Zamora while disputing whether it established a fixed 16-vote impeachment threshold.
Duterte v. House of Representatives, G.R. Nos. 278353 and 278359 (July 25, 2025)
Supreme Court decision
Defense counsel invoked the decision during preliminary argument and later quoted it while reserving possible legal remedies after the threshold vote.
2019 Amendments to the Revised Rules on Evidence — Rule 129
Procedural rule
Defense counsel said the Duterte decision was subject to mandatory judicial notice under Rule 129, Section 1.
Civil Code of the Philippines — Article 8
Statute
Defense counsel cited Article 8 for the place of judicial decisions in the Philippine legal system.
Subpoenas for witnesses scheduled the following week
Impeachment-court subpoenas
Not available in the Senate document archive.The chair checked that subpoenas had already been issued for next week's witnesses and concluded that no new subpoenas were needed.