Manila:The Senate impeachment court has revised its voting procedure, moving away from the fixed 16-vote threshold to convict Vice President Sara Duterte. Instead, it adopted a formula that considers only senators who are able to participate in the decision when the judgment is rendered.

According to Philippines News Agency, this decision came after a 13-1 vote where six senator-judges did not participate. The court's decision followed an appeal by Senator-Judge Erwin Tulfo, who challenged the interpretation of presiding officer Francis 'Chiz' Escudero. Escudero had previously asserted that the constitutional requirement of two-thirds of "all the Members of the Senate" meant 16 votes, based on the Senate's full 24-member body.

Senator Tulfo highlighted the issue concerning whether senators unable to participate should count toward the voting base. The revised rule excludes senators who are detained, suspended, or legally restrained; those with unknown whereabouts; and those incapacitated or beyond the Senate's coercive processes.

Escudero clarified that "all members of the Senate" refers only to those capable of participating in the proceedings at the time of the vote. Despite casting the lone dissenting vote, Escudero stated he would adhere to the ruling.

The impeachment court must still determine which senators fall under the exclusion categories before calculating the two-thirds requirement from the remaining qualified members. Furthermore, any fractional results from the calculation will be rounded up to the next whole vote.

Escudero emphasized that this ruling is specific to Duterte's trial and will not amend the rules for future impeachment courts, serving only as persuasive guidance. The decision followed a review process, including input from amici curiae and oral arguments, on interpreting the constitutional phrase "all the Members of the Senate." The new formula will apply unless changed by judicial or other lawful means.