Sara Duterte Impeachment Trial Opens Amidst Dispute Over Presiding Officer

The impeachment trial of Vice President Sara Duterte commenced on Monday, July 6, opening with a debate over who should act as the presiding officer. Senate President Sherwin Gatchalian presided over the proceedings when the impeachment court opened around 2 p.m. However, citing the chamber’s rules of procedure on impeachment trials as amended, he moved for the election of the presiding officer after delivering his opening statement. Senate Minority Leader Alan Peter Cayetano objected, arguing that the 1987 Constitution is clear that the Senate President shall preside over the impeachment trial if the impeached official is anyone but the President of the Philippines. Gatchalian countered that the rules for impeachment trials were amended without objection during the June 3 session of the Senate, when it was sitting as a legislative body. This session was attended by only 12 members of the majority bloc. He asserted that rules can only be amended during a plenary session or when the Senate is acting as a legislative body. Senators Kiko Pangilinan and Tito Sotto argued that any of the Senator-Judges could act as presiding officer. They pointed out that the Constitution provides that the Chief Justice shall preside when the President of the Philippines is on trial, but is silent on who shall preside in cases where the impeached official is other than the highest official of the land. Article XI, Section 3(8) of the Constitution also states, “The Congress shall promulgate its rules on impeachment to effectively carry out the purpose of this section.” In a vote of 12 in favor and 8 against, Senator-Judge Chiz Escudero, nominated by Senator-Judge Panfilo Lacson, was elected as the presiding officer. Gatchalian did not vote. Senators Rodante Marcoleta and Jinggoy Estrada are in detention for plunder, while Senator Ronald dela Rosa is in hiding to evade arrest after the International Criminal Court issued an arrest warrant for him for alleged crimes against humanity. Cayetano, along with Senators Pia Cayetano, Imee Marcos, and Robinhood Padilla, delivered explanations for their votes against Escudero as the presiding officer. He stated that a violation of the Constitution is not merely a technicality. Senator Loren Legarda, in her manifestation after the vote, cited that the validity of the June 3 session has been questioned before the Supreme Court. Cayetano and eight other senators asked the Supreme Court on June 16 to declare null and void all the resolutions passed by the 12 senators, led by Gatchalian, during their June 3 session. Escudero, in his opening statement as presiding officer, said that a two-thirds vote by all the Senator-Judges should be observed as the threshold for conviction. He added that Senator-Judges who disagree with his position can seek judicial relief. (H. Marcos C. Mordeno / MindaNews)