The Senate convened as an impeachment court on Monday and began the trial of Vice President Sara Duterte with Sen. Francis Escudero elected as presiding officer.
Led by Senate President Sherwin Gatchalian, 21 senators dressed in red robes attended Day One of the scheduled 92 trial days. Duterte was not present; her lawyers said she was “appearing through her counsel” as provided in the impeachment rules.
The 48-year-old daughter of former president Rodrigo Duterte is charged with misuse of confidential funds, amassing unexplained wealth, bribery of government officials, and threatening to kill President Ferdinand Marcos Jr., first lady Liza Araneta-Marcos and then House Speaker Martin Romualdez. This is the second time that she was impeached by the House of Representatives.
Hours before the trial started, Sen. Rodante Marcoleta, an ally of the Vice President, was arrested at the Sandiganbayan premises on the nonbailable case of plunder filed against him by the Office of the Ombudsman.
With Marcoleta’s arrest and detention at the New Quezon City Jail in Barangay Payatas, Quezon City, where Sen. Jinggoy Estrada is also being held, and Sen. Ronald “Bato” dela Rosa in hiding, there are now only eight members of the Duterte-allied minority bloc in the Senate.
‘The people’s right’
“It’s the people’s right to know the truth about the allegations against the Vice President,” Senate President Gatchalian said in a brief opening statement delivered in a mix of Filipino and English. “It’s our duty to weigh the evidence to be presented and to ensure our decision is based on the law and the truth that would be unearthed in the trial.”
“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,” he said.
A long debate on who should serve as presiding officer marked Day One of Duterte’s impeachment trial.
As Gatchalian opened the floor for nominations and called on Sen. Panfilo Lacson to make a nomination, Sen. Alan Peter Cayetano rose on a point of order to declare that the 1987 Constitution is “clear” that the Senate president should serve as presiding officer of the impeachment court.
He challenged the Senate’s adoption of Resolution No. 430, which amended the impeachment rules to allow another senator to be elected as presiding officer by a majority vote of members present.
Cayetano also said amending the impeachment rules required one day’s notice, adding that there was no debate on the resolution.
“We need to protect the legitimacy of these proceedings. Even if the substitute presiding officer acts fairly, a conviction or acquittal reached under a constitutionally defective process would invite judicial challenge and cast doubt on the validity of the trial,” he said.
His sister, Sen. Pia Cayetano, also raised her objection, saying among others that it is the impeachment court that should tackle amendments to the impeachment rules.
In response, Gatchalian said having a presiding officer would not only ensure full attention to the impeachment trial but also enable him as the Senate president to continue supervising the chamber’s legislative functions.
He said the amendment to nominate a presiding officer for the impeachment court was approved on June 3, when the new majority bloc led by himself ousted Cayetano as Senate president. At that time, Cayetano and his bloc chose to skip the session.
Sen. Francis Pangilinan also struck down Cayetano’s position: “Nowhere in the Constitution, in the provisions of public accountability and impeachment, does it say that the Senate president must preside when the vice president is under trial, or any other impeachable officer.”
Pointing out that the Constitution allows Congress to promulgate its own rules, Pangilinan said this was what the new majority did on June 3 when they proposed and approved the resolution allowing senators to vote for a presiding officer of the impeachment court. He said this resolution was also ratified on June 17, when Congress held a special session.
“Therefore, it is considered regular. The presumption of regularity now comes into fore,” Pangilinan said, adding that Cayetano was “out of order.”
Gatchalian eventually put the question to a vote. Lacson nominated Escudero, who was elected on a vote of 12-8.
Prudence, caution, impartiality
In his opening remarks, Escudero thanked his colleagues for “their trust and confidence.”
“I did not seek, nor did I ask for this responsibility,” said Escudero who, as the Senate president last year, delayed the start of Duterte’s first impeachment trial. This later led to his ouster.
He said removing an elected official before the end of his/her term “is among the most drastic acts our constitutional democracy can undertake.”
“This is why the trial must be guided with prudence, tempered by caution, and marked with unquestionable impartiality. We must avoid even the appearance of impropriety and observe the ‘cold neutrality of an impartial judge’ at all times,” he said.
Escudero also ruled that at least 16 votes are required for conviction. He said those in opposition should seek clarification from the Supreme Court.
With Escudero now presiding, the leaders of the prosecution and defense teams delivered their opening statements.
The chief prosecutor, Batangas Rep. Gerville Luistro, vowed that the prosecution panel would present compelling evidence to support each article of impeachment against Duterte. She underscored the importance of the impeachment trial, saying this involves “public money, public trust, and the people’s right to demand accountability from officials they placed in power.”
“The issue now is about something that everyone owns— their money, their trust, their right to ask for accountability from leaders whom they trusted,” Luistro said.
Duterte’s lead counsel, Sheila Sison, said the goal of the allegations against the Vice President was to remove her, who was “chosen overwhelmingly” by the people, from office.
Sison said the constitutional provision that “public office is a public trust and public officers must be accountable to the people” is addressed not only to Duterte but also to the House prosecutors and members of Congress.
“The burden of proof never shifts. He who accuses must prove his allegations with evidence that meets not only the degree of the proof required, but also standards of admissibility, credibility, relevance, materiality, and competence,” Sison said, adding: “Unless the prosecution discharges that burden, the accused need not offer evidence on her behalf, and she will be entitled to an acquittal. This is the law then. This is the law now.”
She said as well that so far, the prosecution has presented no evidence for its allegations against Duterte “because the only venue for presentation is the court.”
Also on Day One of the trial:
• Escudero denied the prosecution’s bid to read the articles of impeachment and arraign Duterte. He said the articles were “deemed read and spread into the records” and that a plea of guilty will only be entered in behalf of the Vice President if she does not file an answer. He said Duterte had filed an answer, and that the reading of the impeachment articles will “only be done in the final resolution of the case.”
• Escudero ordered the return to the Bureau of Internal Revenue (BIR) the sealed box containing the tax records of Duterte and her husband. He said there has been no directive to turn over the box to the court. But he added that the move is “without prejudice to any action that the court may take if a motion will be filed by either party for the issuance of a subpoena, and we shall await action, if any, by the BIR commissioner should that time come.” CS
