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THE Constitution does not say that 16 senators are required to convict an impeached official.

Article XI, Section 3(6) of the 1987 Constitution instead provides that ‘[n]o person shall be convicted without the concurrence of two-thirds of all the Members of the Senate.’ Article VI, Section 2, meanwhile, provides that the Senate ‘shall be composed of 24 Senators.’

The arithmetic appears straightforward: two-thirds of 24 is 16. Yet the present impeachment proceedings raise a question that arithmetic alone cannot answer: Who counts as part of ‘all the Members of the Senate’?

The Senate Impeachment Court invited four retired Supreme Court magistrates as amici curiae on the issue. Retired Chief Justices Artemio Panganiban, Reynato Puno, and Hilario Davide Jr., through differing approaches, took the position that the number required for conviction need not invariably remain sixteen. Retired Associate Justice Adolfo Azcuna maintained that all twenty-four incumbent senators constitute the denominator. Significantly, Davide and Azcuna were both members of the 1986 Constitutional Commission, yet interpreted the same language differently.

A fixed denominator treats membership as legal status: a senator remains part of ‘all the Members’ even when unable to participate. Its strength is certainty; its weakness is that a senator incapable of voting would still count toward the 24-member denominator.

A variable denominator instead prioritizes the institution’s capacity to function. Its difficulty is determining where the exception ends. Should death, vacancy, physical incapacity, legal disability, recusal, voluntary absence, and deliberate non-participation have the same constitutional consequence? Who decides-and by what standard?

There is a useful parallel in corporate law. Sections 13 and 37 of the Revised Corporation Code illustrate that a corporation’s legally constituted capital structure does not simply change because the circumstances of an individual stockholder change; altering authorized capital requires a process prescribed by law. The analogy is imperfect, but its underlying distinction matters: a change in the status of a person within an institution does not necessarily change the legal structure of the institution itself.

The same distinction should inform the Senate. Article VI does not say that the Senate consists of however many senators are presently capable of voting. It prescribes 24. Read alongside Article XI’s requirement of two-thirds of ‘all the Members,’ 24-not the number capable of participating on a particular day-is therefore the stronger constitutional starting point.

Incapacity need not be irrelevant. But if it can alter the denominator, the law must distinguish among different forms of incapacity and determine who may be excluded, for what reason, through what process, and under whose authority. Otherwise, a constitutional threshold risks becoming a situational one.

For lawyers, this concerns constitutional interpretation and institutional authority. For development practitioners, it concerns predictability, representation, and confidence in the rules of political accountability. The Constitution chose not to constitutionalize the number 16; it constitutionalized a fraction-two-thirds of all the Members-against a Senate constitutionally composed of 24.

The next impeachment may involve different incapacities, personalities, and political interests. Whatever rule governs today must therefore remain intelligible when those circumstances change.

Rather than focusing on whether a rule resolves the circumstances of this occasion, the better test of constitutional interpretation is whether it remains a rule when the occasion changes.

About the authors

Atty. Anushka D. Kapahi is a Philippine lawyer engaged in private legal practice, with work spanning corporate and commercial law, regulatory compliance, dispute resolution, and litigation. Alongside her legal practice, she serves as a Part-Time Faculty member under the School of Diplomacy and Governance of De La Salle-College of Saint Benilde (DLS-CSB), with academic and professional interests in public international law, international affairs, security, and governance. She earned her Juris Doctor from the De La Salle University Tañada-Diokno School of Law and holds a Master of Arts in International Affairs from The George Washington University’s Elliott School of International Affairs in Washington, D.C., where her graduate capstone examined counterterrorism strategies in the Philippines and Thailand and their implications for US support and cooperation. She also holds a Graduate Certificate in Defense and Strategic Studies from Missouri State University and received her Bachelor of Arts in Consular and Diplomatic Affairs from De La Salle-College of Saint Benilde (DLS-CSB).

Gabrielle M. Tañada is a development professional, currently working as a Part-Time Faculty member under the De La Salle-College of Saint Benilde (DLS-CSB) School of Diplomacy and Governance, which she juggles with consulting various brands on their strategic marketing plans. Her true passion lies with development work, specializing in communication, MandE, and displacement-which she demonstrated in her 7+ years of experience supporting development programs with government agencies, international organizations, and civil society groups across Southeast Asia. She received her Bachelor of Arts in Consular and Diplomatic Affairs from De La Salle-College of Saint Benilde, and recently attained her Master’s degree in Development Studies from the International Institute for Social Studies-Erasmus University Rotterdam, where she was also awarded the Dr. Jos Mooij Award for Best Research Paper in Public Policy and Development Management for her research on Internal Displacement in the Philippines.

MAKATI Medical Center (MakatiMed, www.makatimed.net.ph) and Colegio de Sta. Rosa-Makati (CSR-Makati) formalized a partnership to strengthen access to professional assessment, consultation, and intervention for students with developmental, behavioral, emotional, psychological, or psychiatric concerns.

Through a Memorandum of Understanding (MOU), the two institutions established a coordinated referral pathway that will allow students who may benefit from specialized care to be referred to appropriate MakatiMed professionals, including Developmental Pediatricians, Psychiatrists, Psychologists, and other relevant specialists.

Under the agreement, CSR-Makati may identify students who may benefit from professional evaluation through established school-based processes and observations. With the consent of their parents or legal guardians, the school may provide relevant background information and documentation to support the referral. A designated school representative, such as a guidance counselor or administrator, will also serve as the liaison with MakatiMed for referral coordination.

MakatiMed, in turn, will facilitate professional services in accordance with medical, ethical and legal standards. Subject to existing hospital policies and capacity, students officially referred by the school will also be given priority consideration, particularly in scheduling initial consultations or assessments. Clinical and medical decisions will remain under the professional judgment and responsibility of MakatiMed practitioners.

Colegio de Sta. Rosa-Makati directress and principal Sr. Corazon D.S. Manuel, OP, shared her message during the signing. ‘As we celebrate mental health awareness month, we are reminded that our children should never feel that they are alone in their struggles. Through this partnership, we can provide them with timely professional support, guidance, and compassionate care. We are truly grateful to Makati Medical Center for walking with us in this important mission.’

For MakatiMed, the partnership reinforces its commitment to making specialized healthcare more accessible to young patients while fostering collaboration with schools in addressing students’ health and well-being needs.

Government suspension of in-person classes, which now has three new categories, will no longer automatically disrupt the learning of affected students under Executive Order (EO) No. 130, issued by President Ferdinand Marcos Jr. last Tuesday, which aims to end public confusion over such declarations.

Under the new five-page issuance dated 28 October 2026, but was only released to the public last Tuesday, the chief executive said educational institutions and learning centers must implement learning continuity measures consistent with the policies of the concerned government agencies.

‘The specific learning continuity measures, delivery modalities, institutional planning requirements, funding consideration, and the grounds or criteria for the implementation of alternative learning continuity measures shall be prescribed in the guidelines issued pursuant to this Order,’ EO 130 stated.

The new issuance repealed the provisions of EO No. 66 (s. 2012) in the suspension of in-person classes and activities and onsite work in education institutions and learning centers.

EO 130 created a new framework, which divided the suspension and resumption of in-person classes and activities and onsite work into the following three categories: automatic suspension, localized suspension, and granular suspension.

It stated that individuals, agencies, and institutions, which have the power to suspend, or cancel in-person classes and onsite work also have the power to reinstate the said activities upon their determination that conditions are safe for the return of learners and personnel.

EO 130 also stressed it does limit the authority of the President to suspend or resume in-person classes, activities and onsite work.

Automatic suspension and resumption are based on prescribed technical thresholds and will take effect without further declarations based on the warning advisories of the Philippine Atmospheric, Geophysical, and Astronomical Service Administration (PAGASA), Philippine Institute of Volcanology and Seismology (Phivolcs), Department of Environment and Natural Resources-Environment Management Bureau (DENR-EMB).

Local chief executives may issue localized suspensions and resumption based on local risk assessment and prevailing conditions in case there is no automatic suspension. This declaration will contain specific areas it covers and the period of the suspension.

Educational institutions and learning centers may issue granular suspension and resumption based on documented site-specific assessment subject to the guidelines for the implementation of EO 130 if there is no automatic and localized suspension.

‘There is a need to rationalize and harmonize the rules governing suspension and resumption of classes and activities, and onsite work in educational institutions and learning centers due to natural or human-induced hazards, while ensuring the uninterrupted delivery of quality education through risk-informed, science-based, locally responsive policies that support learning continuity,’ EO 130 stated.

The Department of Education (DepEd) in coordination with concerned government agencies was tasked to issue the implementing guidelines of EO 130 within 30 days after it was published in the Official Gazette on 3 November 2026.

The Department of the Interior and Local Government (DILG) was required to ensure local government units facilitate and expedite the processing and issuance of building permits and safety clearances required by schools and coordinate and monitor the implementation of EO 130.

As for the Department of the Public Works and Highways, it was mandated to conduct site-specific assessments and mobilize its regional offices to assess affected educational facilities and related infrastructure following disasters and other hazards.

Disruption

With climate disruptions intensifying, ranging from severe typhoons to extreme heat driven by phenomena like Super El Niño, school disruption has become an increasingly pressing challenge, making this standardized framework critical for protecting instructional time while safeguarding learners and school personnel.

To reopen cleared campuses safely without waiting for broader declarations, President Ferdinand Marcos Jr. has authorized granular resumptions alongside localized suspensions by school heads and local executives, following the signing of EO No. 130.

The EO establishes a national framework for class suspensions and resumptions in schools and learning centers to curb instructional loss.

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Proposed by DepEd and other agency partners to amend EO No. 66 (s. 2012) regarding the suspension of in-person classes, educational activities, and onsite work in educational institutions and learning centers, the policy was developed following extensive consultations with school leaders, teachers, parents, learners, private school organizations, local government units (LGUs), and government partners. EO No. 66 continues to govern the suspension of work in other government offices.

The measure, titled Establishing a Framework for the Suspension and Resumption of Classes and Activities, and Onsite Work in Educational Institutions and Learning Centers, shifts from broad cancellations to targeted, evidence-based suspensions and resumptions of in-person classes, educational activities, and onsite work in all public and private learning institutions to balance learner safety with learning continuity.

Executive Secretary Ralph Recto facilitated crucial inter-agency meetings to align departments, streamline the policy framework, and fast-track the issuance of the measure.

The signing of the EO comes at an extremely opportune time as the country faces severe heat disruptions and extreme weather conditions brought about by El Niño.

Under the refined policy, localized and site-specific decision-making replaces blanket cancellations through three distinct mechanisms: automatic, localized, and granular.

POC Media Pool

DAKAR-Angel Polo put herself in a strong position for a medal in wushu and Riannah Chantelle Coleman bucked hyperventilation to make the women’s 200 meters breastroke final in the 4th Youth Olympic Games on Monday.

In what has become a predictable outcome in women’s Taijikuan combined, Polo again stood at third place after the Taijishuan preliminaries at the Dakar Expo Center in Diamniado behind strong favorite Ng Zhe Nin of Singapore and Chu Yu En of Chinese Taipei.

The three-who were 1-2-3 in the world junior championships in Tanjin, China, last March-finished in the same order as they were in the Taijishan preliminaries-Ng first with 9.353 points for a 18.653 total, Chu with 9.330 points for 18.563 and Polo with 9.233 for 18.456.

‘Angel is doing well and we’re focusing for tomorrow’s final,’ said Li Jianfang. ‘We hope to do better in the final.’

Tuesday’s final will also be two-phased-Taijishan at 10:38 a.m. and Taijiquan at 4:29 p.m.-both Dakar time.

Coleman, on the other hand, was fourth in her heat and seventh among eighth finalists topped by Japan’s Mana Ishikawa.

‘It was so bad but I’m grateful I had it done with,’ said Coleman, who was rushed to the Medical Room for hyperventilation. ‘I struggled with my breathing the entire race but I’m grateful I was able to touch the wall.’

She clocked the seventh-best time of 2:47.64-fourth in Heat 2-more than 18 seconds behind Ishikawa.

‘That’s way off my best time,’ added Coleman, who missed her personal best by five seconds.

Swimming staff had to carry Coleman to the Medical Room after she almost collapsed after leaving the pool and stayed there for some half an hour with fellow swimmer Jamesray Mishael Ajido and coach Jensen Halili.

Three other swimmers were being treated for hyperventilation while Coleman was being attended to inside the Medical Room.

Motorcycle taxi platform Move It has formally asked the Land Transportation Franchising and Regulatory Board (LTFRB) to reconsider a ruling that penalized it for onboarding riders beyond its government-authorized cap.

Reportedly, Move It was asked to pay P555.75 million in fines, as it allegedly on boarded riders beyond its allocation.

Move It said it had filed the motion ‘after thoroughly reviewing the decision and its implications for the industry’ and is ‘engaging the Board through the proper process as it is reviewed.’

‘We respect the Board’s authority, and we remain committed to working toward a sustainable and adaptive regulatory framework for motorcycle taxis,’ the company said.

At the center of the dispute is how riders should be counted.

Move It said it ‘views rider allocation as a dynamic measure of live, on-demand supply,’ noting that riders go online and offline throughout the day on their own schedules.

‘Because of this natural fluidity, maintaining continuous supply for commuters means monitoring the number of riders who are actively online and ready to accept trips at any given moment, especially during peak rush hours,’ the company said.

Meanwhile, the LTFRB said that its decision is not yet final because of the pending motion for reconsideration.

‘What the agency is focused on is addressing the plight of the thousands of overboarded riders who invested their own resources to earn a decent living-and whose only fault was that they acted in good faith and trusted that they were allowed to operate under the existing rules and regulations,’ the LTFRB said.

The LTFRB added that it is ‘currently crafting measures in dealing with this sensitive issue in relation to the affected riders, while ensuring that the online boarding system of ride-hailing services is strictly complying with the government’s regulations.’

Meanwhile, Department of Labor and Employment (Dole) is looking into ways to assist motorcycle taxi riders who could lose their livelihoods following the LTFRB sanctions against ride-hailing platform Move It.

Labor Secretary Francis N. Tolentino said the agency is encouraging other motorcycle taxi operators to absorb riders who may be displaced, as it explores possible interventions for affected workers.

‘We are organizing them into an association…Perhaps after that, as we move forward, we can look at how they can be absorbed by other operators,’ Tolentino said, mostly in Filipino, on Tuesday.

The LTFRB recently ordered Move It to pay a P555.7 million fine for accepting riders beyond the government-approved cap.

As of May, the platform had 73,321 active riders across Metro Manila, Cebu and Cagayan de Oro, exceeding its authorized allocation of 17,746.

The sanctions have raised concerns about the possible displacement of thousands of riders, particularly if Move It decides to suspend or stop its operations.

Riders group Kapatiran sa Dalawang Gulong (Kagulong) Secretary General Don Pangan warned that the fine could prompt Move It to cease operations, putting the livelihoods of its riders at risk.

‘Our concern stems from the possibility that, given the enormous amount of the fine, the company might decide to shut down altogether. What will happen to the 73,000 riders whose current livelihood depends on working as motorcycle taxi riders under Move It?’ Pangan said in a separate statement.

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Even if the company continues operating and complies with the LTFRB ruling, Pangan said 55,575 riders would have no assurance of retaining their work because the platform’s authorized allocation remains at 17,746.

Tolentino said Dole is also working to organize motorcycle taxi riders into an association, which could help the agency coordinate with them and address their concerns across different platforms.

‘This is a work in progress because they do not yet have a strong organization…The rules vary across platforms and service providers, so we are trying to bring these riders together even though they compete with one another. There are many of them, and new ride-hailing apps continue to emerge,’ Tolentino said.

AS I write this, Alex Eala was set to face Alycia Parks on Tuesday, November 3, in the first round of the WTA (Women’s Tennis Association) 250 Prudential Hong Kong Open.

I had to do this in obedience to deadline tyranny. Thus, this has to be completed hours before Tuesday’s 6:30 p.m. match between Eala and Parks at the Victoria Park Tennis Stadium in the former British Crown Colony.

No cause for worry if we go by statistics.

Eala should blow by Parks as Alex is seeded No. 2 in Hong Kong behind No. 1 Sorana Cirstea of Romania.

In world rankings, Sorana is No. 16-just a notch higher than No. 17 Eala.

Parks, who turns 26 on December 31, 2026, won’t be a tough customer for Eala even as the American bet from Atlanta, Georgia, boasts of a 0-6, 6-3, 6-2 beating of Eala in their first meeting last January in the 2026 Australian Open.

Eala had since recovered from that stigma-a result of rookie jitters in the year’s traditional first major-as she had avenged that defeat 6-1, 4-6, 6-2 in the Toronto Open in Canada last August.

Parks, a towering 6-foot-1 from Atlanta, Georgia, had her highest ranking of No. 40 in 2023.

A win by Eala over No. 65 Parks would push Alex to a second-round match against either Xinran Sun or Tereza Valentova.

Sun is a Chinese teenager ranked No. 405 and Valentova from Czechia is No. 87 in the world.

But seedings and rankings can be deceiving, if not tricky, as players become seemingly on equal footing once they begin play.

Eala reached the Round of 16 of the 2025 Hong Kong Open, failing to advance after losing to Canada’s Victoria Mboko 6-3, 3-6, 4-6.

The Hong Kong Open is the culmination of Eala’s gruelling 2026 campaign that brought her to high-level battles in the Middle East, Europe, America and Asia, icing her dizzying odyssey with her breakthrough win in the Mubadala WTA 500 Open in Washington DC last August.

Eala was doing well in Tokyo last week, but pitifully bowed to Diana Shnaider in the quarterfinal after a brutal three-setter lasting two hours and 52 minutes.

It was, indeed, a shame that Eala, 21, would waste a convincing 6-2 first-set win, losing grip of a possible victory when she forced a 5-all tie in the second-set tiebreak from 3-5 down.

But in a ghastly blunder, Eala double-faulted, yielding a 6-5 lead to the 22-year-old Shnaider. A smashing ace gave Shnaider a 7-5 win to force the deciding third set.

With momentum on her side, Shnaider quickly sped to a 3-1 lead in the final set, clinching a routine 6-4 win to wrap up the match as Eala just couldn’t arrest a faulty serve that saw her commit seven double faults against only one by the super steady Russian.

With many of the game’s heavyweights absent in Hong Kong, will Eala finally deliver and win the title worth $37,390?

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Only time will tell.

THAT’S IT Yaxel Lendeborg, a 24-year-old rookie of American-Dominican descent, bears watching in the 2026 NBA (National Basketball Association) season. He scored 37 points on Monday to power the Golden State Warriors to a 124-112 win over the Los Angeles Clippers. His heroics came as Warriors star Steph Curry watched from the bench nursing a knee injury. Said Warrior coach Steve Kerr of Lendeborg: ‘…he’s so skilled and so talented that he’s making all kinds of plays out there.’

THE Philippines is taking the driver’s seat in steering Southeast Asia toward a low-carbon future, with the Climate Change Commission (CCC) spearheading regional efforts to advance the landmark Asean Green Economy Framework Agreement (Gefa).

Under Philippine leadership, the CCC chaired a virtual intersessional meeting of the Asean Task Force on Carbon Neutrality (ATF-CN) to drive discussions on the feasibility of Gefa. The proposed agreement aims to significantly solidify regional cooperation on green economic growth and sustainable industrial transition.

The ongoing Gefa feasibility study is zeroing in on high-impact areas for inter-state cooperation, including sustainable finance, trade-related climate measures, environmental goods, and strategic economic and technical collaboration.

Emphasizing the commercial and social balance needed across the bloc, CCC Vice Chairperson and Executive Director Robert E.A. Borje stressed the necessity of an inclusive framework that respects the distinct economic realities and development priorities of individual Asean Member States.

‘This study must help us identify opportunities for cooperation that deliver shared benefits while recognizing the different circumstances and capacities of Asean Member States,’ Borje said in a statement.

‘As we work toward a low-carbon economy region, we must ensure that the proposed framework is responsive to our diverse priorities and supports a transition that benefits the entire region,’ he added.

For the Philippines and fellow developing Asean member nations, the framework opens vital avenues to structure regional cooperation tailored to varying national capacities, institutional readiness, and economic agendas. Key targets for joint action include targeted capacity-building, technical assistance, and the scaling of sustainable finance mechanisms to help countries evaluate and execute their respective green economy initiatives. Importantly, the feasibility study is tasked with defining how GEFA will deliver distinct value-add without duplicating existing regional programs.

From a national strategic standpoint, regional cooperation under GEFA is poised to directly bolster the Philippines’ climate commitments under its Nationally Determined Contribution (NDC). It offers a blueprint to accelerate low-carbon development, build competitive green industries, and mobilize sustainable finance streams. By synchronizing regional policies, Asean member states can establish complementary approaches to cutting greenhouse gas emissions without sacrificing their broader economic growth and industrial targets.

During this initial ATF-CN Intersessional Meeting, delegates thoroughly reviewed the draft Inception Report of the GEFA Feasibility Study, evaluating its scope and methodology for mapping concrete regional opportunities.

Reaffirming Manila’s leadership role, the CCC-in its capacity as chairman of the ATF-CN-reiterated its commitment to push regional carbon neutrality forward through an inclusive, evidence-based process that honors the varied economic capacities and circumstances of Asean nations.

Petron Corp. posted a net income of P5.4 billion at end-September, down 44 percent year-on-year due to rising crude costs and geopolitical and economic headwinds caused by the war in the Middle East.

Revenues rose 56 percent to P928.2 billion, driven by higher oil prices and increased sales volume. However, margins remained under pressure from rising crude costs, import premiums, and freight amid escalating tensions in the Middle East.

This was further compounded by the reduction in refining margins in Malaysia, reflecting refinery operational constraints resulting from the continued unavailability of the Port Dickson’s product jetty. As a result, Petron’s operating income declined 28 percent year-on-year to P19.1 billion.

Dubai crude rebounded sharply from an average of $77 per barrel in July to $114 in September, bringing its average price from January to September this year to $92 per barrel, up 29 percent year-on-year.

Consolidated sales volume stood at 103.5 million barrels, up 3 percent, supported by a 33-percent increase from its Singapore trading arm. The combined sales volume in the Philippines and Malaysia declined 3 percent to 82 million barrels, attributable to reduced refinery production.

‘Our diversified portfolio, financial discipline, and robust risk management equip us with the resilience needed to navigate these challenging times, while still keeping our business viable and competitive.

Despite external pressures, our commitment to help ensure fuel security, meet the needs of our customers, and fulfill our responsibility as the nation’s energy backbone remains strong and unwavering,’ Petron Chairman and CEO Ramon S. Ang said in a statement.

The company said it remains focused on driving sustainable growth through its strategic retail expansion, aggressive customer acquisition, and the continued optimization of its refining, storage, and distribution facilities.

Petron recently opened its fourth Treats convenience store at the Ninoy Aquino International Airport in line with the consistent expansion of its non-fuel business. Across the company, these growth efforts are met with equally deliberate initiatives to increase operational efficiency, reinforce sustainability, and mitigate business risks amid a particularly precarious industry environment.