Senator-judge Panfilo “Ping” Lacson on Thursday said the insights shared by four former Supreme Court (SC) justices will help guide the Senate in deciding the conviction vote threshold for Vice President Sara Duterte’s impeachment trial.

Lacson noted that perspectives from retired Chief Justices Reynato Puno, Artemio Panganiban and Hilario Davide Jr., alongside retired Associate Justice Adolfo Azcuna, provided key legal frameworks on textual versus contextual constitutional interpretation.

“Engaging in open court with three of the Court’s most esteemed former justices (including two former Chief Justices) was an unforgettable experience. Concepts like ‘textual vs. contextual,’ ‘truth and fairness,’ and ‘all means all’ certainly left an indelible mark on my mind and conscience. These insights will directly guide my decision next week,” Lacson said on X.

Senators are set to vote next week on whether to sustain or modify Senate impeachment court presiding officer Senator-judge Francis Escudero’s ruling requiring 16 votes — two-thirds of the 24-member chamber — for conviction, following an appeal by Sen. Erwin Tulfo.

During Wednesday’s proceedings, the former magistrates offered differing views:

Puno favored a contextual interpretation, arguing the 16-vote requirement should not be fixed if legal circumstances prevent senators from functioning, while Panganiban advocated for “truth and fairness,” questioning whether non-participating senators should count toward the voting base.

Davide, on the other hand, stated that the two-thirds threshold should be computed based on senators “who are qualified to vote,” while Azcuna countered that the Constitution strictly requires two-thirds of the full membership.

Lowering The Threshold

House prosecutors, meanwhile, urged the court to lower the required votes, noting that with nine senators unable to participate, only 15 remain active.

Manila Rep. Joel Chua cited People v. Maceda, arguing that detained or suspended officials cannot exercise their office.

“Ang threshold naman na pinag-uusapan natin ngayon, since time immemorial ang naging opinion na ng prosecution ay dapat ito ibaba (The threshold we are discussing now, the prosecution’s position, since time immemorial, has been that it should be lowered),” Chua said in a briefing.

Currently, two senators, Jinggoy Estrada and Rodante Marcoleta, are detained while facing plunder charges. Sen. Ronald “Bato” Dela Rosa is in hiding following the arrest order from the International Criminal Court over his role in the Duterte administration’s drug war, while Sen. Loren Legarda is abroad on an extended medical leave.

Trial spokesperson Zia Alonto Adiong, for his part, said the Senate holds exclusive, unreviewable authority over the proceedings.

“Ang desisyon ng Senado ay supreme pagdating po doon. Hindi po ito appealable, hindi po siya subject for review ng Supreme Court dahil yun na po iyong final na magiging decision kung ano man yung verdict ng Senado (The decision of the Senate is supreme in this matter. It is not appealable and is not subject to review by the Supreme Court because whatever verdict the Senate renders will be final),” Adiong said.

Adiong noted that consulting the former justices highlights the chamber’s careful handling of the issue. (With a report from Zaldy De Layola/PNA)