SC seeks Senate, House comments before acting on impeachment vote threshold plea

The Senate, sitting as an Impeachment Court, resumes its hearing on Monday, August 3, 2026, on Article I of the case against Vice President Sara Duterte, which concerns the alleged misuse, questionable liquidation and systematic misappropriation of confidential funds.

Senate Social Media Unit / Wendell D. Alinea

MANILA, Philippines — The Supreme Court has held off acting on a bid by two of Vice President Sara Duterte’s Senate allies to scrap a Senate rule that lowers the votes needed to convict her by leaving out senators unable to take part in the trial.

The High Court instead has ordered the Senate and the House of Representatives to answer their petition first, according to an en banc resolution dated October 14.

The court gave the respondents a non-extendible five days from receipt of notice to file their comments. The order covers both the main petition and the accompanying request for a temporary restraining order (TRO), a status quo ante order or a writ of preliminary injunction. 

The petition was filed by Sens. Robin Padilla and Bong Go.

The Senate impeachment court is named through Senate President Sherwin Gatchalian and presiding officer Sen. Chiz Escudero. The House is named through Speaker Faustino "Bojie" Dy III and its prosecution panel, led by Rep. Jinky Luistro (Batangas, 2nd District).

Because the court required comment without giving due course to the petition, it has yet to decide whether to take up the case at all, or whether to grant any interim relief. 

Until it does, the impeachment court's September 23 ruling on counting only the votes from present and actively participating senator-judges remains in force.  

In that ruling, the impeachment court held that only senators legally and factually able to take part when judgment is rendered should be counted. 

Four senators are effectively left out of the vote with this ruling: Jinggoy Estrada and Rodante Marcoleta, who are detained while facing plunder charges; Ronald "Bato" dela Rosa, who is in hiding amid an arrest warrant by the International Criminal Court, and Loren Legarda, who is on extended medical leave.