October 1, 2026
MANILA – The Supreme Court has dismissed three petitions challenging the Senate Impeachment Court’s interpretation of the two-thirds vote required to convict Vice President Sara Duterte.
Voting unanimously, with acting Chief Justice Marvic M.V.F. Leonen presiding, the high court said the petitions filed separately by former Executive Secretary Victor Rodriguez, Berteni Cataluña Causing and lawyer Ernesto Francisco Jr. were dismissed on procedural grounds.
“The SC dismissed the petitions on procedural grounds including lack of standing and prematurity,” the Supreme Court said in its briefer.
On Sept. 23, the Senate Impeachment Court ruled that the phrase “all the Members of the Senate” under Article XI, Section 3(6) of the Constitution refers only to senators who are legally and actually able to participate in the impeachment proceedings at the time of the vote.
Rodriguez argued that the impeachment court effectively amended the Constitution by adding a qualification not found in its text.
He asked the Supreme Court to nullify the ruling and declare that any change to Article XI, Section 3(6) must go through the constitutional process for amendment or revision. He also sought a temporary restraining order against the implementation of the ruling.
Causing argued that senators who remain in office should still be counted even if they are in hiding, detained or medically unable to attend.
He asked the Supreme Court to issue a status quo ante order and/or TRO to stop any final vote on Duterte’s conviction while his petition was pending.
Causing also sought to compel Sens. Jose “Jinggoy” Estrada Jr., Rodante Marcoleta and Ronald “Bato” dela Rosa to participate in the impeachment trial and the Senate to take steps to secure their attendance.
Francisco likewise argued that because the Constitution provides for a 24-member Senate, conviction requires the concurrence of at least 16 senator-judges.
He maintained that senators who are detained, on medical leave or temporarily absent remain members of the Senate and should therefore be counted. He also sought a status quo ante order pending the resolution of his petition.
The Sept. 23 ruling came after members of the Senate Impeachment Court voted 13-1 to sustain an appeal filed by Sen. Erwin Tulfo on Sept. 8.
The vote reversed an earlier July 6 ruling by Presiding Officer Sen. Francis “Chiz” Escudero that set the conviction threshold at 16 votes based on the full 24-member Senate.
Under the adopted rule, the phrase “two-thirds of all the Members of the Senate” will be calculated using a reduced denominator consisting only of senators deemed legally and factually capable of participating at the time of the vote.
The calculation excludes members who are detained, suspended, in hiding, medically incapacitated or beyond the Senate’s coercive processes.
The impeachment court had earlier rejected, 13-6, a separate motion by Sen. Alan Peter Cayetano to refer the constitutional issue directly to the Supreme Court.
