The Senate impeachment court on Monday elected Sen. Francis “Chiz” Escudero as presiding officer in the impeachment trial of Vice President Sara Duterte, following a 12–8 vote after senators debated constitutional questions on who should lead the proceedings.
Senate President Sherwin Gatchalian initially opened the trial by reminding senator-judges of their duty to uphold impartiality, stressing that their oath requires them “to do impartial justice according to the Constitution and the laws of the Philippines.”
“Due process and fair play must remain paramount at every stage of this trial. Let us be firm in the search for truth. And let us remain faithful to the rules of this Court, the rule of law, and above all, the Constitution,” Gatchalian said.
The court then proceeded with the election of Escudero as presiding officer despite objections raised by Sen. Alan Peter Cayetano and other senator-judges, who argued that the sitting Senate President should preside over the impeachment court.
Cayetano raised concerns that key procedural matters, including the presiding officer issue and the required vote threshold for conviction, should first be settled before the trial proceeds, describing them as “threshold” questions that could affect the validity of the proceedings.
“I want to avoid walkouts. I want to avoid any delays, Mr. President,” Cayetano said, warning that “amending the rules, implementing a null and void rule, and violating the Constitution will endanger this whole hearing.”
After his election, Escudero said the impeachment court must exercise prudence, caution, and impartiality, noting that the case involves one of the most serious constitutional processes — the potential removal of an elected official before the end of her term.
Escudero also outlined initial guidelines for the trial, including that conviction would require at least 16 affirmative votes from senator-judges, in line with the constitutional requirement of a two-thirds vote of all Senate members.
He stressed that the burden of proof rests on the prosecution.
“Let me be clear that the burden of proof in these proceedings rest upon the prosecution. It does not and will not shift,” he said.
Escudero added that the rules of procedure would be applied liberally to allow both sides to fully present and test their cases, while ensuring that senator-judges are able to evaluate the evidence and the public is able to follow the proceedings.
He also reminded all parties — including prosecutors, the Vice President, counsel, witnesses, and senator-judges — to refrain from discussing the merits of the case publicly, warning against turning the proceedings into political theater or personal attacks.
Photo courtesy of PH Senate
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