THE camp of Vice President Sara Duterte is preparing to challenge before the Supreme Court the Senate impeachment court’s ruling lowering the number of votes needed to convict her.
In an interview with reporters on Wednesday, Sept. 23, 2026, lawyer Salvador Paolo Panelo Jr., Duterte’s spokesperson, said the ruling allegedly constitutes grave abuse of discretion and raises a constitutional question.
“I don’t think it’s just unfavorable to the Vice President. I think it’s unfavorable to all Filipinos because they changed the Constitution,” he said in a mix of English and Tagalog.
Panelo said the Constitution clearly requires a two-thirds vote of all members of the Senate, adding that changing the provision would require a constitutional amendment.
“It’s a sad day, not just for the Vice President’s camp, but for all Filipinos,” he said.
The Senate impeachment court voted 13-1 to overturn presiding officer Francis “Chiz” Escudero’s earlier ruling that 16 votes were needed to convict Duterte.
Under the new ruling, the phrase “all the Members of the Senate” will refer to senators who are “legally and factually capable” of participating in the impeachment proceedings at the time of the vote.
The ruling excludes senators who are detained, suspended or otherwise legally restrained from performing their Senate functions; those being sought by authorities whose whereabouts are unknown; those who are physically or medically incapacitated; those beyond the Senate’s coercive processes; and others similarly situated.
Escudero cited 20 participating senators as an example. Two-thirds of 20 is 13.33, which would require 14 votes to convict because the fraction must be rounded up.
Panelo said the defense is looking into filing a petition for certiorari before the Supreme Court.
A petition for certiorari would ask the Supreme Court to determine whether the Senate impeachment court acted with grave abuse of discretion in revisiting its earlier interpretation of the conviction threshold.
“That means that if there’s grave abuse of discretion, the Senate Impeachment Court loses its jurisdiction,” Panelo said.
The defense’s position centers on Article XI, Section 3(6) of the 1987 Constitution, which states that no person may be convicted in an impeachment proceeding without the concurrence of “two-thirds of all the Members of the Senate.”
Panelo also explained the defense’s position, led by lawyer Sheila Sison, that its participation in the trial would be ad cautelam or without conceding that the impeachment court continues to have jurisdiction over the proceedings.
“All it means is, do not consider our appearance here before the Senate Impeachment Trial Court as an admission or recognition that you still have jurisdiction or the power to continue with this trial,” Panelo said.
“Because if they file a petition for certiorari, it would mean that the position of Vice President Sara’s camp is that there was grave abuse of discretion and that the Senate has already lost its power or jurisdiction,” he added.
The defense had earlier told the impeachment court that it would continue participating in the trial while reserving its right to challenge the threshold ruling.
Panelo also raised concerns about alleged pressure, threats or legal cases involving several senator-judges, which he said could affect their ability to participate in the voting.
Among Duterte’s known allies in the Senate are Senator Ronald “Bato” dela Rosa, who remains in hiding following an arrest warrant issued by the International Criminal Court, and senators Jinggoy Estrada and Rodante Marcoleta who are both detained at the Quezon City jail in connection with separate plunder charges.
Senator Loren Legarda, meanwhile, is abroad on extended medical leave.
Senator Robinhood Padilla, another Duterte ally, is also facing an obstruction-of-justice complaint in connection with the May 13 incident at the Senate that preceded Dela Rosa’s escape.
The Office of the Ombudsman ordered Padilla, along with Sen. Alan Peter Cayetano and former Senate sergeant-at-arms Roberto Mao Aplasca, to answer the complaint.
Last week, the Office of the Ombudsman filed criminal and administrative complaints against Senators Mark and Camille Villar, their brother Paolo, and their parents, former senators Manny and Cynthia Villar, in connection with allegedly “grossly disadvantageous” joint venture agreements between PrimeWater Infrastructure Corp. and local water districts. The complaints are under preliminary investigation.
Senator Alan Peter Cayetano is also the subject of an ongoing National Bureau of Investigation probe into alleged irregularities surrounding the Philippines’ hosting of the 2019 Southeast Asian Games, which he chaired as head of the Philippine Southeast Asian Games Organizing Committee.
Cayetano has also been linked to alleged irregularities in flood-control and other infrastructure projects in the City of Taguig, including alleged ghost projects, double appropriations and recycled photographs used for billing.
Cayetano has denied the allegations. / TPM