MANILA — The impeachment court on Wednesday voted to revise the 16-vote threshold for conviction in Vice President Sara Duterte’s impeachment trial, overturning Presiding Officer Francis “Chiz” Escudero’s earlier ruling that two-thirds of the full 24-member Senate, or 16 votes, was required.

The reversal of Escudero’s July 6 ruling was approved with 13 affirmative votes, with Escudero casting the lone dissenting vote.

In a notable turn, minority Senator-judge Mark Villar voted in favor of revising the threshold.

Six senator-judges did not participate in the vote: Alan Peter Cayetano, Pia Cayetano, Christopher “Bong” Go, Imee Marcos, Robin Padilla, and Camille Villar.

Escudero then laid out the court’s new controlling order, which provides that the constitutional phrase “all the members of the Senate” refers to senators who, at the time of the vote, are legally and factually capable of participating in the proceedings.

Under the new computation, the following may be excluded from the voting base:

• Senators detained, suspended, or otherwise legally restrained from exercising their functions;
• Senators sought by authorities whose whereabouts are unknown;
• Senators suffering from physical or medical incapacity;
• Senators beyond the coercive processes of the Senate; and
• Others similarly situated.

Escudero said the ruling and interpretation would apply pro hac vice, or only to the present impeachment proceedings.

“This ruling and interpretation of the court shall operate pro hac vice or for this occasion only.”

“It shall not constitute to a binding precedent in any future impeachment proceedings,” he said.

Escudero also said that if the two-thirds computation results in a fraction, the number of votes required for conviction would be rounded up to the next higher whole number.

If convicted, Duterte would be removed from the vice presidency and permanently disqualified from holding public office.

The court earlier heard oral arguments on whether to retain Escudero’s original ruling after Senator-judge Erwin Tulfo sought its reconsideration.