EXCLUSIVE: PGMN has been informed by Sens. Robin Padilla and Bong Go’s lawyers that they have asked the Supreme Court to overturn the Senate Impeachment Court’s ruling that reduced the number of votes required to convict Vice President Sara Duterte, joining prominent voices questioning the constitutionality of the decision.
The two senators joined a Petition for Certiorari and Prohibition filed on Oct. 6 challenging the court’s Sept. 23 ruling on the two-thirds requirement for conviction, with their lawyers sending the petition exclusively to PGMN.
Padilla, Go and their co-petitioners argued that the Constitution itself provides the answer. They said the Senate has 24 members and that two-thirds of 24 is 16, maintaining that the required number should not change depending on how many senators are able to participate in a particular proceeding. They also warned that such a formula could allow the conviction threshold to shift based on attendance or circumstances, even with all 24 Senate seats occupied.
“This case is not about whether the Vice President should be convicted or acquitted,” the petitioners said in a statement.
“It is about the number the Constitution requires before any conviction can lawfully be rendered. The Constitution says two-thirds of all the Members of the Senate. With 24 Senators, that is 16.”
The Sept. 23 ruling that lowered the threshold was approved by a 13-1 vote, with six senator-judges, including Padilla and Go, not participating and Presiding Officer Sen. Chiz Escudero casting the lone dissenting vote.
The ruling changed the computation by excluding senators who are legally or factually unable to participate from the base used to determine the two-thirds requirement, reducing the threshold from 16 to 14 votes. Four senators have been absent: Sens. Jinggoy Estrada and Rodante Marcoleta, who are detained over plunder and related charges; Sen. Ronald dela Rosa, who is away amid an ICC warrant; and Sen. Loren Legarda, who is on extended medical leave due to a lung ailment.
The Supreme Court had earlier unanimously dismissed petitions challenging the Senate Impeachment Court’s revised two-thirds voting threshold on procedural grounds, including lack of legal standing and prematurity. Padilla and Go are seeking to distinguish their petition from those earlier cases by pointing to their roles within the impeachment court. As sitting senator-judges, they argue that the contested rule directly affects how their votes, seats and constitutional duties are counted during the trial.
The impeachment case is critical not only to Duterte’s political career but also to the Philippine electorate, as more than 50 national surveys have been conducted since 2025, with Duterte emerging as the top choice in all of them.
If convicted, the Senate could remove her from office and impose a penalty permanently barring her from holding public office, potentially preventing a future bid such as the 2028 presidential election.
That could pave the way for her brother, Davao City Mayor Sebastian “Baste” Duterte, who has also been gaining support. Baste ranked second overall in Tangere’s latest nationwide senatorial preference survey with 37.0%.
On Tuesday, the vice president said she and her brother had not discussed his possible presidential bid.
Joining Padilla and Go as petitioners are PDP-Laban, represented by Chairman Alfonso Cusi; lawyers Israelito Torreon, James Patrick Bondoc, Ferdinand Topacio, Raul Lambino and Resci Angelli Rizada-Nolasco; and Philip Salvador.
Named respondents are the Senate sitting as an Impeachment Court, Escudero in his capacity as presiding officer and the House of Representatives.
The petition also asks the Supreme Court to grant urgent interim relief, including a Status Quo Ante Order and/or Temporary Restraining Order, as well as a writ of preliminary injunction.
