SC dismisses petitions vs vote threshold in Sara Duterte impeachment trial

Davao City Mayor Sebastian “Baste” Duterte testified before the Senate Impeachment Court on Sept. 29, 2026, on matters relating to Vice President Sara Duterte’s declared business interests.

Senate of the Philippines / Joseph Vidal via Facebook

MANILA, Philippines — The Supreme Court (SC) has dismissed separate petitions challenging the Senate Impeachment Court’s interpretation of the two-thirds vote requirement needed to convict Vice President Sara Duterte.

In a press release on Wednesday, September 30, the High Court dismissed the petitions filed separately by lawyers Victor Rodriguez, Ernesto Francisco Jr. and disbarred lawyer Berteni Cataluña Causing for lack of standing and prematurity.

“The SC dismissed the petitions on procedural grounds, including lack of standing and prematurity,” the SC’s press release read.

The petitions sought to nullify the Sept. 23, 2026 ruling of the Senate Impeachment Court, which determined that the phrase “all the Members of the Senate” under Article XI, Section 3(6) of the Constitution applies only to senators who are legally and actually capable of participating in the impeachment proceedings at the time of the vote.

The petitioners argued that the tribunal's interpretation violated the explicit language of the 1987 Constitution.

Rodriguez contended that the Impeachment Court effectively altered the Constitution by introducing a qualification not found in its text.

He asked the High Court to declare that any modification to Article XI, Section 3(6) must strictly follow the constitutional amendment or revision process, alongside a prayer for a temporary restraining order (TRO).

Causing similarly maintained that senators who remain in office must still be counted toward the threshold even if they are in hiding, under detention, or medically indisposed.

He also sought a status quo ante order or TRO to halt any final vote on the conviction of Vice Duterte, while also asking the tribunal to compel Sens. Jinggoy Estrada, Rodante Marcoleta, and Bato Dela Rosa to participate in the proceedings.

Francisco likewise argued that because the Constitution establishes a 24-member Senate, conviction strictly requires the concurrence of at least 16 senator-judges.

He stressed that temporarily absent, detained, or ill senators retain their membership in the upper chamber and must be included in the voting computation.

The Senate Impeachment Court’s September 23 ruling means the two-thirds vote needed to convict Duterte is no longer fixed at 16, which was based on all 24 senators, but will instead be computed only from senators who are legally and factually able to participate when judgment is taken.