Detained Senator Rodante Marcoleta said Thursday that he has no plans to seek a furlough to participate in the Senate vote on the disputed voting threshold in the impeachment trial of Vice President Sara Duterte.

Marcoleta said the issue should no longer be subject to debate because the required vote for conviction is already provided in the 1987 Constitution. He maintained that the Constitution requires the concurrence of two-thirds of all members of the Senate.

“The threshold is a subject of votation. It's already in the Constitution. Nobody has the right to change the language of the Constitution. The Constitution says that no person should be a judge guilty without the concurrence of two-thirds of all the members of the Senate. That's it,” Marcoleta said.

He added that he sees no reason to seek furlough solely to vote on the matter.

Marcoleta also expressed disappointment with his Senate colleagues over their decision not to take up his earlier manifestation questioning the legitimacy of Senator Francis “Chiz” Escudero as presiding officer and the 16-vote requirement for conviction.

The Senate impeachment court is scheduled to hold oral arguments on September 23 on whether the existing 16-vote threshold should be maintained. Escudero had initially ruled that 16 votes, or two-thirds of the 24-member Senate, are required for conviction.

The issue arose because several senator-judges are currently unable to participate in the proceedings, prompting debate over how the constitutional phrase “two-thirds of all the members of the Senate” should be interpreted. Retired Supreme Court justices who appeared as amici curiae on September 16 offered differing views on the matter.