Senate Minority Leader Alan Peter Cayetano warned that Vice President Sara Duterte’s impeachment trial could be compromised unless the Supreme Court first resolves the dispute over what legally constitutes a Senate majority.
Cayetano’s bloc filed a manifestation before the Supreme Court on June 30, 2026, reiterating its challenge to the validity of the June 3 session, which he described as a “rump session.”
In a Facebook livestream, Cayetano said the Court must settle the meaning of “majority of all members” of the Senate before the chamber proceeds with Duterte’s impeachment trial on July 6.
“This is not about the Senate Presidency. This is about Constitutional order. It is about the numbers, but it is also about the moral boundaries and the law. Ano ba ang ‘majority of all members’?” Cayetano said.
“Sabi nila we are obstructing justice. Hindi po — we are obstructing injustice,” he added.
Under the Constitution, conviction in an impeachment trial requires the vote of at least two-thirds of all members of the Senate, or 16 votes.
Cayetano’s camp warned that the same constitutional standard could be undermined if the number of votes needed to convict is made dependent on how many senators are physically able to participate.
The warning came as senators aligned with Cayetano face legal cases that could affect their ability to attend Senate proceedings.
Senator Jinggoy Estrada was arrested on June 1 in connection with an alleged plunder case after publicly saying he would remain with Cayetano’s bloc. Weeks later, the Office of the Ombudsman announced that Senator Rodante Marcoleta, another Cayetano ally, would face a non-bailable plunder case before the Sandiganbayan.
Cayetano said a non-bailable case would effectively prevent Marcoleta from attending Senate sessions, Blue Ribbon Committee hearings, and the impeachment trial while the case remains pending.
“We’re not against the full application of the law. Lahat ng dapat managot, dapat managot. Pero hindi naman po pwedeng aayusan ng non-bailable na kaso para mabawasan ang mga senador at hindi na pwede mag-participate. Tapos kapag kumampi, abswelto na o wala nang kaso,” Cayetano said.
He said the unresolved dispute over the meaning of “all members” could directly affect the impeachment trial if the required number of votes is lowered based on the absence or detention of senators.
“Narinig na nating sinabi n’ung iba na kapag 22 lang sila (senators), baka hindi 16 ang kailangan para mag-convict. Ibig sabihin po ba noon, kapag anim ang kinulong na senador eh sa 12 [boto] pwede nang i-convict ang kahit na sinong impeachable officer?” he said.
Cayetano maintained that the issue goes beyond Senate leadership and strikes at the integrity of constitutional processes.
“‘Pag injustice na po, kailangan magsakripisyo na po tayo. Kasi po patapang na nang patapang ang mga nagnanakaw. Patapang na nang patapang ang cover-up,” he said.