MANILA, Philippines — Vice President Sara Duterte has asked the Supreme Court to consolidate her two pending petitions concerning her immunity from suit, arguing that both cases raise the same constitutional questions.
In a motion for consolidation dated Sept. 10, 2026, a copy of which was obtained by The Manila Times and filed by her counsels Clifford Chua and Paul Lawrence Lim, Duterte said that both cases involved the interpretation of Section 2, Article XI of the 1987 Constitution, which lists impeachable officers, including the vice president.
According to the motion, the vice president had filed a petition for declaratory relief on December 4, 2024 before San Juan City-Regional Trial Court’s Branch 264.
That case, which was heard by the trial court, raised the issue of her immunity from suit in parity with the President, consistent with the intent and spirit of the 1987 Constitution, the motion said.
Duterte’s counsels explained that the declaratory relief case seeks an adjudication on Duterte's status as a "President-in-reserve," arguing that she enjoys the same immunity from suit as the President under the Constitution and legal traditions.
It adds that among the issues raised in the declaratory relief case is the trial court's refusal to recognize that presidential immunity from suit under the 1987 Constitution, which equally applies to the Office of the Vice President, considering that the office is placed under the same stature and position by the fundamental law.
The motion further states that the same constitutional provision is centrally relevant in determining Duterte's immunity from suit under the constitutional rule of limited procedural immunity as an impeachable officer, which is raised in her amended petition.
Citing Section 1, Rule 31 of the Rules of Court, the motion argues that consolidation is proper when actions involving a common question of law or fact are pending before the court.
Duterte contends that the issues in the declaratory relief case and in her latest petition specifically G.R. (General Register) E-08160: Certiorari and Prohibition under Rules 65 of the Rules of Court with application for Temporary Restraining Order and/or Writ of Preliminary Mandatory Injunction “are so intertwined and intimately related" that a joint resolution is warranted not only for judicial economy but also for clarity for the bench and bar and the general public.
