The Senate, sitting as an impeachment court, on Wednesday, September 23, adopted a new basis for determining the votes needed to convict or acquit Vice President Sara Duterte, overturning the earlier ruling that fixed the conviction threshold at 16 votes.

The court voted 13-1 to grant Senator-Judge Erwin Tulfo’s appeal of the July 6 ruling. Six senator-judges did not participate in the vote.

Under the new ruling, the two-thirds requirement will be computed based on the number of senators who are legally and factually capable of participating in the proceedings when judgment is rendered, rather than automatically using all 24 senators as the voting base.

Senate President Win Gatchalian, who voted to grant the appeal, said the constitutional requirement of a two-thirds vote remains unchanged.

Gatchalian said the issue decided by the court was not the outcome of the impeachment trial but which senators should be counted in the voting base when some members are unable to participate.

He also said the views of the amici curiae, or friends of the court, contributed significantly to his decision, particularly in considering both the constitutional text and the purpose of the impeachment process.

“The same standard applies to every senator in these proceedings,” Gatchalian said, emphasizing that each senator-judge is bound by the Constitution and the evidence.

The new voting formula applies equally to votes for conviction and acquittal and does not by itself determine the outcome of the impeachment trial.