Senator-Judge Pia Cayetano questioned whether the Senate impeachment court has the authority to revisit the voting requirement for the impeachment trial of Vice President Sara Duterte after Senator-Judge Erwin Tulfo raised concerns over which senators should be allowed to vote on the final judgment.

During Day 23 of the trial on Tuesday, September 8, Cayetano argued that the issue had already been settled by Presiding Officer Sen. Chiz Escudero, who previously ruled that the Constitution requires at least 16 votes, or two-thirds of the 24-member Senate, for conviction.

“Do we even have the right to decide on this?” Cayetano asked, questioning whether senator-judges could reinterpret a constitutional provision that she said falls under the authority of the Supreme Court.

Cayetano recalled Escudero’s July 6 ruling, which stated that the Senate impeachment court must abide by the prevailing law and that parties who disagree with the ruling may seek judicial relief before the Supreme Court.

Cayetano also raised concerns about the selection of amici curiae, or “friends of the court,” who will provide legal and constitutional perspectives on complex issues before the impeachment court. She said the panel should include experts who can present different sides of an issue.

In response, Escudero said Tulfo’s proposal could be treated as a request for reconsideration or an appeal of his previous ruling. He added that the impeachment court could seek guidance from the amici curiae on the disputed voting threshold.

Escudero also assured the senator-judges that the selection of amici curiae would be done in consultation with both the prosecution and defense, with the aim of presenting differing legal perspectives where necessary.