Senate Presiding Officer Francis “Chiz” Escudero on Monday clarified that at least 16 votes are required to convict Vice President Sara Duterte in her impeachment trial, citing constitutional provisions and Supreme Court jurisprudence as he opened proceedings.

In his opening remarks, Escudero identified key legal questions that would guide the trial. Escudero first settled the issue of the number of votes required for conviction. He cited the Constitution, which mandates a two-thirds vote of all Senate members.

With the Senate composed of 24 members, Escudero said a “literal interpretation” requires at least 16 votes to convict.

He backed this interpretation by citing the Supreme Court’s ruling in Bayan v. Zamora, which held that two-thirds of the Senate’s full membership — not just those present — is required in constitutional matters.

“This is the prevailing law today. Whether we agree with it or not, we must abide by it,” Escudero said, noting that parties may still seek judicial relief if they contest the interpretation.

He added that the Senate would defer to the Supreme Court should it issue a different ruling on the matter.

Escudero also addressed the standard of proof in impeachment proceedings, describing them as “sui generis” and not strictly governed by rules applied in criminal, civil or administrative cases.

Still, he stressed that decisions must be grounded in evidence.

“Decisions regarding whether to acquit or convict must be based upon clear charges supported by sufficiently clear and convincing evidence,” he said, citing Supreme Court guidance.

Escudero underscored that the burden of proof lies solely with the prosecution and does not shift to the respondent.

“The respondent is afforded the presumption of innocence and has no obligation to disprove the charges against her,” he said.

The presiding officer also emphasized that impeachment should not be used as a political tool, urging senator-judges to focus on the allegations rather than personalities.

“Impeachment is not a chance to settle political scores. It is not a stage for political theater or personal attacks,” Escudero said. “When the focus shifts to the person rather than the alleged wrongdoing, the process loses its integrity.”

Escudero said he would uphold fairness and ensure the proceedings reach their proper conclusion, adding he accepted the role of presiding officer despite not seeking it.

“I did not seek nor did I ask for this responsibility, but neither will I shirk from fulfilling this duty without fear or favor,” he said.

As of writing, two officials are in jail for the non-bailable case of plunder, namely senators Rodante Marcoleta and Jinggoy Estrada. Senator Bato dela Rosa is hiding amid an active International Criminal Court warrant.

The impeachment trial of Duterte formally opened Monday, with senators convening as judges to hear the case.