SC orders Congress to respond to challenge on Sara impeachment voting rule
The Supreme Court has directed the Senate impeachment court and the House of Representatives to comment on a petition challenging the revised voting threshold for convicting Vice President Sara Duterte.
In an en banc resolution dated 14 October 2026, the High Court gave the respondents a non-extendible period of five days from receipt of notice to respond to the petition filed by Senators Robin Padilla and Christopher “Bong” Go, along with officials of PDP-Laban and other petitioners.
The petition seeks to overturn the Senate impeachment court's 23 September ruling that changed the basis for computing the two-thirds vote required to convict Duterte.
The petitioners also requested a temporary restraining order (TRO), a status quo ante order and a writ of preliminary injunction.
However, the Supreme Court required the submission of comments without giving due course to the petition, meaning it has yet to determine whether the challenge warrants further proceedings or whether provisional relief should be granted.
Disputed voting threshold
The controversy stems from the Senate impeachment court's 13-1 vote on 23 September to reverse an earlier interpretation requiring 16 votes to convict Duterte.
Under the revised rule, the two-thirds requirement will be calculated based on the number of senators legally and factually capable of participating when the impeachment court renders its judgment.
With four senators considered unable to participate, the revised computation would require 14 votes instead of 16.
The number could change depending on the senator-judges eligible to participate at the time of the final vote.
Padilla, Go and their fellow petitioners contend that the ruling violates Article XI, Section 3(6) of the Constitution, which requires the concurrence of two-thirds of all Senate members for conviction.
They argue that the constitutional requirement must be calculated against the chamber's full 24-member composition, regardless of absences or inability to participate.
The Senate impeachment court, however, has maintained that the two-thirds requirement remains intact and that its ruling merely determines which senator-judges should be counted in the voting base.
Trial to resume
The legal challenge comes as Duterte's impeachment trial prepares to resume on 9 November, with the defense scheduled to present its case.
The House prosecution panel has withdrawn three of the four original impeachment articles, leaving the charge involving alleged unexplained wealth.
The prosecution panel is led by Batangas Rep. Gerville Luistro.
Senate President Sherwin Gatchalian previously said the impeachment trial would proceed under the revised voting rule unless the Supreme Court intervenes.
The High Court has yet to issue a final ruling on the petition or grant a restraining order against the revised voting threshold.