Senator Alan Cayetano: Changing vote threshold mid-trial could lead to mistrial

Senator Alan Peter Cayetano warned that changing the number of votes needed for Vice President Sara Duterte’s impeachment conviction while the trial is ongoing could result in a mistrial.

“I don't want to have a mistrial. Ayoko po na maibasura lahat ng trabaho na ginawa sa trial na ito,” he said during a Facebook livestream on September 18.

He argues the issue had been settled when Presiding Officer Francis Escudero ruled on July 6 that 16 votes were required to convict Duterte. No senator-judge challenged the ruling at the time.

He said this was why he had intentionally refrained from taking part in the subsequent discussions on whether the threshold should be reconsidered.

“No offense sa lahat ng amicus na nagbigay ng oras nila, kinikilala ko sila, I honor them, I honor their opinions… Pero hindi pwedeng in the middle of the trial, doon natin pag-uusapan na iibahin natin y’ung rules,” he said.

Cayetano’s position came after four retired Supreme Court magistrates offered differing interpretations of the constitutional requirement during the impeachment court’s Sept. 16 amici curiae proceedings.

Retired Chief Justices Hilario Davide Jr., Artemio Panganiban and Reynato Puno said the two-thirds requirement does not necessarily translate to a permanently fixed 16-vote threshold, particularly when some senator-judges may be legally unable to participate.

Retired Associate Justice Adolfo Azcuna took the contrary position, saying all 24 sitting senators should remain in the denominator.

Cayetano argued that constitutional numbers should not be treated as figures that can simply be adjusted depending on circumstances.

“Ang numbers sa Constitution ay fixed… Y’ung mga numbers na ‘yan are not arbitrary numbers na nandyan lang,” he said.

He said the proceedings should instead ensure that both the prosecution and defense are given adequate opportunity to present their respective cases under rules that remain consistent.

The Senate impeachment court is set to hear the prosecution and defense oral arguments on September 23, after which the senator-judges are expected to resolve whether to maintain Escudero’s existing ruling requiring 16 votes for conviction.