Escudero voted back as VP trial presider amid Cayetanos' objections
MANILA, Philippines — Sen. Chiz Escudero was elected presiding officer of the Senate impeachment court trying Vice President Sara Duterte on Monday, July 6, despite Sen. Alan Peter Cayetano repeatedly challenging the rules allowing the court to choose someone other than the Senate president.
Escudero won the post with 12 senators voting in favor and eight against his nomination. He was nominated by Sen. Ping Lacson.
With Escudero elected as presider, he will sit beside Senate President Win Gatchalian at the podium.
The vote came after more than half an hour of debate immediately after the start of the trial proper over the election of the presiding officer, with Cayetano objecting to the rules approved under the Gatchalian leadership last month.
Cayetano argued that the Constitution requires the Senate president to preside over the impeachment trial, a position disputed by senators from the Gatchalian bloc.
Gatchalian said the Senate on June 3 voted without objection to amend its rules to allow the election of a presiding officer other than the Senate president. He said the amended rules were published and circulated in newspapers on June 9.
"So any issues pertaining to this resolution should be discussed in plenary when the Senate convenes as a legislative body. This is the view of the chair on this matter," Gatchalian said.
Sen. Kiko Pangilinan said Cayetano's point of order was "improper," saying the Constitution does not state that the Senate president must preside when the vice president or another impeachable official is on trial.
"Nowhere in the Constitution, in the provisions on public accountability and impeachment, does it say the Senate president must preside when the vice president, or any other officer, is under trial," Pangilinan said.
Debate opens trial
Responding to the Cayetanos, Sen. Tito Sotto III said the Constitution is silent on who should preside over an impeachment trial involving officials other than the president.
"The Constitution is silent on the presiding officer of Senate impeachment. However, the Constitution expressly provides that the chief justice will preside if the president is on trial," Sotto said.
Cayetano objected again and called for a vote.
Gatchalian then proceeded with the election as Cayetano repeatedly tried to object. Lacson nominated Escudero, who previously belonged to the Cayetano-led minority.
After the vote, Cayetano said the impeachment trial was "at risk" with Escudero's election. Gatchalian ruled him out of order and ordered his comments on Escudero's election struck from the record.
The session was temporarily suspended to allow Escudero to ascend the rostrum.
Leadership dispute resurfaces. The exchange again brought the Senate leadership dispute in previous months into the impeachment proceedings.
The Cayetano bloc has asked the Supreme Court to void the Senate's June 3 session, where 12 senators reorganized the chamber and installed the Gatchalian leadership. The bloc has argued that proceedings held under that leadership, including the amendment of the impeachment trial rules, are constitutionally infirm.
The Gatchalian camp has countered that the quorum was valid under the Supreme Court's 1949 ruling in Avelino v. Cuenco. With Sen. Jinggoy Estrada in jail and Sen. Bato dela Rosa in hiding from an International Criminal Court warrant, the majority held that the base number fell to 22, making 12 a valid quorum. — with Cristina Chi
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