Marcos Jr. Ex-Executive Secretary Challenges Duterte’s Impeachment Vote Threshold at Supreme Court

Marcos Jr. Ex-Executive Secretary Challenges Duterte’s Impeachment Vote Threshold at Supreme Court

By Bing Jabadan – TheNATIONWEEK.com | September 25, 2026

MANILA, Philippines – In a significant constitutional challenge, former Executive Secretary Victor Rodriguez has filed a 23-page Petition for Certiorari and Prohibition before the Supreme Court on Thursday, September 24, 2026. The petition seeks to nullify the Senate Impeachment Tribunal’s September 23, 2026, ruling, which altered the voting threshold required for a conviction in the impeachment trial of Vice President Sara Duterte. 

This move raises profound questions about legislative independence and adherence to constitutional mandates, particularly amid widespread public concerns regarding political influence and governance.

Rodriguez, President Ferdinand Marcos Jr.’s first Executive Secretary, asserts that the Senate committed “grave abuse of discretion amounting to lack or excess of jurisdiction” by unlawfully rewriting the 1987 Constitution. 

His core argument contends that the Senate created an “entirely new constitutional denominator” by reinterpreting “all the members” to mean “all members capable of participating.” This redefinition effectively lowers the required conviction votes from a fixed 16 (two-thirds of the full 24-member Senate) to 14, based on the 20 senators who have actively participated in the trial since July 6.

Constitutional Battleground

The challenged ruling stems from a 13-1 Senate impeachment court vote that shifted the method for calculating the two-thirds conviction vote. Rodriguez emphasizes that the phrases “all the members” and “all members capable of participating” are “not equivalent,” arguing that a senator’s non-attendance does not nullify their membership. This legal interpretation highlights a critical distinction: whether the constitutional “two-thirds vote of all the members of the Senate” refers to the entire body’s composition or a fluctuating number based on active participants.

The petition urgently requests a Temporary Restraining Order (TRO) or a writ of preliminary injunction to immediately halt the impeachment court from implementing the new rule. Rodriguez also seeks the reinstatement of Presiding Officer Senator Francis “Chiz” Escudero’s original ruling, which upheld the 16-vote conviction threshold. The Senate, sitting as an impeachment tribunal, along with Senator Escudero in his capacity as presiding officer, are named respondents.

The Context of Public Scrutiny

This legal maneuver occurs amidst a climate of intense public scrutiny regarding the political landscape. Many Filipinos have voiced apprehension that members of Congress may be unduly influenced by the current administration, potentially compromising their constitutional duties for fear of reprisal. Concerns about systemic corruption and the integrity of democratic processes amplify the significance of this Supreme Court challenge to the very interpretation of impeachment procedures.

The Senate’s new formula excludes senators who are detained, suspended, medically incapacitated, or otherwise legally restrained from exercising their functions. Four senators have been notably absent from the trial: Jinggoy Estrada and Rodante Marcoleta (detained), Ronald “Bato” dela Rosa (reportedly avoiding an International Criminal Court arrest order), and Loren Legarda (on extended medical leave).

This is not Rodriguez’s first involvement in the impeachment proceedings, having previously joined a group challenging the House’s handling of impeachment complaints against Vice President Duterte. While those earlier petitions were dismissed as moot, this current filing directly targets the Senate’s procedural authority, setting the stage for a pivotal legal battle with profound implications for constitutional governance and the balance of power in the Philippines.

Senate Vote on New Threshold

In Favor (13 votes):

• Senate President Sherwin Gatchalian, 
• Senate President Pro Tempore Vicente Sotto III, 
• Majority Leader Juan Miguel Zubiri, Senators Bam Aquino, 
• JV Ejercito, 
• Risa Hontiveros, 
• Lito Lapid, 
• Panfilo Lacson, 
• Francis “Kiko” Pangilinan, 
• Erwin Tulfo, 
• Raffy Tulfo, 
• Joel Villanueva, 
• Mark Villar.

Against (1 vote):

• Presiding Officer Senator Francis “Chiz” Escudero.

Abstentions / Did Not Participate (6 votes):

• Minority Leader Alan Peter Cayetano, Senators Pia Cayetano, Imee Marcos, Christopher “Bong” Go, Camille Villar, and Robin Padilla. These senators had previously argued against the impeachment court unilaterally deciding the vote threshold.