Ernesto Francisco asks the Supreme Court to issue a status quo ante order against the Senate court's ruling on conviction threshold in the impeachment trial of Vice President Sara Duterte, Sept. 25, 2026. Adrian Ayalin, ABS-CBN News MANILA — Lawyer Ernesto Francisco filed a petition for certiorari with a prayer for the issuance of a status quo ante order on the September 23 decision of the Senate impeachment court, which excluded absent senator-judges in the voting threshold in the impeachment trial of Vice President Sara Duterte.
Francisco said the Supreme Court should step in and decide as the final arbiter on constitutional issues, instead of waiting for the application of the disputed constitutional interpretation.
“To defer judicial review until after such interpretation is used as the basis for a conviction or acquittal would risk allowing a potentially unconstitutional process to run its full course and could lead to consequences that may further deepen political division of the Filipino people and likely give rise to serious political chaos and instability,” Francisco said in his petition.
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He noted constitutional provisions stating that two-thirds of "all members of the Senate" is required to convict in an impeachment case and that the Senate shall be composed of 24 senators.
"Read together, the foregoing constitutional provisions require the concurrence of “two-thirds of all the Members of the Senate to convict an impeachable officer. Since the Senate is composed of twenty-four (24) senators, at least sixteen (16) Senator-Judges must concur in a judgment of conviction," Francisco said.
Francisco noted in an interview with the media that he did not ask for a temporary restraining order or TRO which may delay the trial.
Francisco's petition came a day after the petition of another lawyer, Vic Rodriguez, who also filed a petition for certiorari but with a prayer for a TRO.
“Hindi makaka-delay ito... Kung mag-issue man ang Supreme Court ng status quo ante order hindi nangangahulugan iyan na hindi pwedeng magtuloy-tuloy ang impeachment trial,” Francisco said.
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Francisco, who also challenged the constitutionality of the second impeachment complaint against former Chief Justice Hilario Davide, said that he was filing his current petition as a non-partisan individual and his legal standing should not be questioned.
"Noong dumulog ako sa Korte Suprema upang ipabalewala iyong balak na impeachment sa ating Supreme Court Chief Justice noon, ako ay dumulog bilang mamamayan, wala akong nire-represent, hindi ko nire-represent ang Bise Presidente in fact ginawa ko siyang respondent, isa siya sa dapat sumagot," Francisco said.
TRIAL TO PROCEED
Meanwhile, impeachment court spokesperson Reginald Tongol said the trial would continue unless stopped by the Supreme Court.
"In the absence of a formal Restraining Order or Status Quo Ante Order, the Impeachment Court remains bound by its constitutional mandate. The trial will proceed as scheduled on Monday, September 28, 2026 from 10:00 am up to 3:00 pm," he said.
He added that should the Supreme Court require the Senate’s comment on the petitions, its legal counsel, in coordination with the Office of the Solicitor General (OSG), “is fully prepared to defend the constitutional prerogatives and procedural rulings of the Impeachment Court.”
Tongol also revealed that Duterte’s defense team filed a formal objection to the prosecution's request for admission under oath regarding decades of bank, tax, and business records.
“The Respondent argued that an impeachment trial is penal in nature, and they are invoking the constitutional right against self-incrimination along with marital and filial privileges,” Tongol said.
“The Impeachment Court will review this submission and issue a formal ruling on the floor,” he said.
He said the next set of witnesses to be presented by the prosecution include Davao City Mayor Sebastian Duterte, former senator Antonio Trillanes IV, and PhilGEPS Division Chief Rendell, among others.
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