The Senate impeachment court on Wednesday rejected Senator-judge Alan Peter Cayetano’s point of order questioning whether the court should vote on the conviction threshold in the impeachment trial of Vice President Sara Duterte.

The appeal was rejected by a vote of 13-6, with one senator abstaining, allowing the impeachment court to proceed with deliberations and voting on the final threshold required to convict or acquit Duterte.

Presiding Officer Francis “Chiz” Escudero earlier clarified that an “aye” vote would support Cayetano’s appeal, while a “nay” vote would uphold the ruling of the chair on the point of order.

Earlier during the oral arguments, defense counsel Michael Poa argued Wednesday that 16 votes should remain the required number to convict or acquit Duterte in her impeachment trial.

Meanwhile, House prosecutor Chel Diokno questioned the use of the fixed 24-member Senate as the denominator for determining the two-thirds voting threshold.

Diokno argued that senators who cannot participate in the proceedings cannot hear the evidence, deliberate on the case or cast a vote.

A total of 20 senators participated in the debate, marking the highest attendance so far in the proceedings. Attendance in previous sessions had averaged about 16 to 17 senators.

The impeachment court is expected to resolve the conviction threshold Wednesday as it determines the number of votes required to convict Duterte in the trial.