Defense counsel Michael Poa argued Wednesday that 16 votes should remain the required threshold to convict or acquit Vice President Sara Duterte in her impeachment trial.

Presenting the Defense team's oral arguments on the voting threshold, Poa said the issue should not be reopened after the presiding officer had already ruled on July 6, 2026, that 16 votes were needed for a conviction.

“Your Honors, the Supreme Court has reminded us time and time again that when the law is clear, there's no room for interpretation. There's only room for application,” Poa said.

He said the question before the impeachment court was straightforward: “How many votes to convict?”

“The answer of the defense is straightforward and simple: 16,” Poa said.

Poa noted that on the first day of the trial on July 6, the presiding officer ruled that the voting threshold for conviction was 16 votes.

He said no senator-judge objected to the ruling, sought reconsideration or appealed it at the time.

“That was over two months ago,” Poa said, adding that witnesses had since testified and evidence had been presented, with the parties already in the middle of the trial while relying on the ruling.

Poa then questioned whether it was proper to reopen the issue and put it to a vote before proceeding to arguments on the constitutional provision.

“So, bago po natin pag-usapan yung nilalaman ng saligang batas, marahil dapat rin po natin itanong tama pa bang buksan muli ang isyu na ito at pagbotohan,” he said.

The dispute over the threshold arose after Senator-judge Erwin Tulfo questioned whether the phrase “all the Members of the Senate” in the Constitution should refer to all 24 senators or only those able to participate in the trial.

The Senate impeachment court scheduled Wednesday's oral arguments before senator-judges vote on the issue.

Article XI, Section 3(6) of the 1987 Constitution states that no person may be convicted in an impeachment case without the concurrence of two-thirds of all members of the Senate. With 24 senators, the existing interpretation translates to 16 votes.