FULL TEXT: Retired Justice Adolfo Azcuna's position on impeachment voting threshold

Only retired Supreme Court Associate Justice Adolfo Azcuna maintained that all 24 incumbent senators should be included in the Constitutional basis for an impeachment vote, stressing that the rule was meant to prevent impeachment from being misused to “remove a political rival or an official” from a disfavored party.

In Azcuna’s position shared on Wednesday, Sept. 16, all senators who remain members of the Senate are included when determining the two-thirds threshold, rather than only those present during the trial. This means senators who are absent or abstain do not count toward the votes needed for conviction. If fewer than two-thirds of all senators take part in the trial, a conviction is not possible.

He said the rule also guards against impeachment becoming a tool for a temporary legislative majority to “remove a political rival or an official” from a disfavored party. He argued that the two-thirds requirement ensures that a conviction is supported by more than just one faction.

Azcuna acknowledged that senators could avoid conviction by abstaining or staying away from the proceedings. However, he argued that the solution is to address this procedural loophole rather than lower the two-thirds threshold.

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