Supreme Court dismisses challenges to impeachment vote requirement

The Supreme Court (SC) en banc dismissed separate petitions filed by Victor D. Rodriguez, Berteni Cataluña Causing, and Atty. Ernesto B. Francisco Jr. challenging the Senate Impeachment Court’s interpretation of the two-thirds vote required to convict in the impeachment case of Vice President Sara Duterte.

On 23 September 2026, 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 SC 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 (TRO) 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 sought the issuance of a status quo ante order (SQAO) and/or TRO to stop any final vote on Vice President Sara Z. Duterte’s conviction while his petition was pending.

He also asked the SC to compel Senators Jose “Jinggoy” Estrada Jr., Rodante Marcoleta, and Ronald “Bato” dela Rosa to participate in the impeachment trial and the Senate to take the necessary steps to secure their attendance.

Similarly, Francisco 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 asked for an SQAO pending the resolution of his petition.

The ruling was issued by the high court during its session on 30 September 2026, acting on G.R. No. E-08529, Victor D. Rodriguez v. the Senate of the Philippines, sitting as the Senate Impeachment Tribunal, and Francis G. Escudero, in his capacity as Presiding Officer; G.R. No. E-00729, Berteni Cataluña Causing v. Office of the Ombudsman; Senate of the Philippines; Sandiganbayan; Senators Rodante Dizon Marcoleta, Jose “Jinggoy” Pimentel Ejercito Estrada Jr., and Ronald “Bato” M. Dela Rosa; Office of the President; Philippine National Police; National Bureau of Investigation; and Bureau of Jail Management and Penology; and G.R. No. E-08543, Atty. Ernesto B. Francisco Jr. v. Senate of the Republic of the Philippines, sitting as Impeachment Court; Senator Francis Joseph G. Escudero, in his capacity as Presiding Officer of the Senate Impeachment Court; House of Representatives; Rep. Gerville A. Reyes-Luistro, in her capacity as Head of the House Panel of Prosecutors; and Vice President Sara Z. Duterte.