Affirming the 16-Vote Threshold

Senator Judge Alan Peter Cayetano maintained that 16 votes should be the threshold for conviction in the impeachment trial, stressing that both the prosecution and defense must know the required number of votes from the outset.
Transcript

SENATOR-JUDGE ESCUDERO:

(0:00:01) Before we continue, Chair would like to make a record that Senator Joel Villanueva will insert his explanation of vote into the records. If there are no objections, Chair dispenses with the reading of the minutes of the journal of the May 18 proceedings, 2026, and consider the same as approved. On the motion? There being no objection, journal is hereby approved. Senator Cayetano. 

SENATOR-JUDGE ALAN PETER CAYETANO:

(0:00:30) Mr. President, let me thank you and just make the manifestation that this representation believes that it is a threshold issue, the number of senators to convict and two-thirds the logical, fair, that would give justice to the Constitution 16. So I thank you for that statement. And as you mentioned, it is a statement of the court not only of the presiding justice.

(0:00:57) Because napaka-importante na sa umpisa pa lang alam na ng prosecution at alam na ng depensa kung ilang. Having said that, Mr. President, as to the issue of the presiding officer, not to take up more time, I’d like to register a continuing objection. But instead of giving my arguments, may I submit it in writing?

(0:01:17) Basically, saying that violation of the Constitution is not a technicality. But if our dear colleagues would allow, we will just submit it in writing, Mr. President. 

SENATOR-JUDGE ESCUDERO:

(0:01:26) The continuing objection of the gentleman is noted, and he may so submit his extended written explanation in writing for the record. Senator Cayetano?

SENATOR-JUDGE PIA CAYETANO:

(0:01:38) Thank you, Mr. President. Just a few administrative matters with your indulgence, dear colleagues. The lady may proceed. Thank you. I read that we have rules for our resource panel and also our prosecution and defense that no drinks and food allowed. May I respectfully request that they be allowed to have water. It’s a basic human right naman siguro na makainom ng tubig.

(0:02:02) I read something. I’m just saying. I saw it in the rules. I’m making clear because knowing them, they will follow our rules. And I think it’s not right to not allow drinks. And then there may be some who are pre-diabetic or diabetic and need to eat something. So if they have to have crackers or whatever it is that they need to have, I think we should allow them to do that, Mr. President. Pinagsama-sama ko na yung mga rules ko ah.

(0:02:24) And then they should also be allowed to have a bathroom break. I don’t want them to also, may ibang klaseng sakit naman yung hindi nakakapunta, maybe they automatically be allowed. I think they’re responsible enough to, they’re a whole team. There’s like a dozen of them here. And then finally, smoking is, sitting is the new smoking. Maybe we also allow them without them having to ask for permission to stand up, stand in the back, and to stretch their legs because it is not healthy to be sitting down for two, three, four hours, and I think our hearings will go on for a long time. 

(0:02:51) So that is my humble submission for the health and wellness of our prosecution and defense panel. Thank you, Mr. President. 

SENATOR-JUDGE ESCUDERO:

(0:02:58) Noted, and we will discuss the matter with the parties. Senator Pangilinan.

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