MANILA— The Supreme Court En Banc on Wednesday dismissed three separate petitions challenging the Senate Impeachment Court’s interpretation of the two-thirds vote required to convict in an impeachment case.

The petitions were filed by Victor D. Rodriguez, Berteni Cataluña Causing and Atty. Ernesto B. Francisco Jr. in connection with the Senate Impeachment Court’s September 23 ruling on the constitutional requirement for a conviction.

The Supreme Court acted on the cases during its En Banc session on September 30, 2026.

The Senate Impeachment Court had 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 when the vote is taken.

Rodriguez argued that the ruling effectively amended the Constitution by adding a qualification not contained in its text. He asked the Supreme Court to nullify the ruling and declare that any change to the constitutional provision must undergo the prescribed process for amendment or revision. He also sought a temporary restraining order against the implementation of the Senate ruling.

Causing, meanwhile, argued that senators who remain in office should still be included in the count even if they are in hiding, detained or medically unable to attend the proceedings.

He sought a status quo ante order and/or temporary restraining order to prevent a final vote on Vice President Sara Z. Duterte’s conviction while his petition was pending.

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

Francisco likewise maintained that the Constitution’s provision for a 24-member Senate means that at least 16 senator-judges must concur for a conviction.

He argued that senators who are detained, on medical leave or temporarily absent remain members of the Senate and should therefore be included in determining the required vote. He also sought a status quo ante order while his petition was being resolved.

The Supreme Court dismissed all three petitions on procedural grounds, including lack of standing and prematurity.

Rodriguez previously served as executive secretary under President Ferdinand Marcos Jr. before leaving the post less than three months after Marcos assumed office.
He later publicly joined protests against the administration and aligned himself with the side of the Dutertes.