‘Give Chiz a chance’

MANILA, Philippines — Despite the issues raised against him, Sen. Francis Escudero should be given the chance to serve as presiding officer in the impeachment trial of Vice President Sara Duterte as he, being a lawyer, has “a sense of what is procedurally correct and what is procedurally incorrect,” according to a UP College of Law associate dean.

“We should give former Senate president Escudero a chance despite the issue against him on ‘forthwith’… Whether we like it or not, our impeachment system has evolved to the point where there are seemingly legal objections to be addressed in the presentation of evidence,” Paolo Emmanuel Tamase, also a UP associate professor, said over radio dzMM.

Civil society groups on Friday issued a joint statement expressing concern over the possible appointment of Escudero as impeachment court presiding judge, saying it could be “the most imperfect and one of the most dangerous.”

In an interview with dwIZ, Senate President Sherwin Gatchalian said he is set to call a caucus to discuss the matter as well as the possible designation of an “impeachment manager.” Sen. Francis Pangilinan is being eyed as impeachment manager.

But Tamase said Escudero, with his legal background, can ensure clearer direction for the impeachment trial.

“If you look at the impeachment of former president Joseph Estrada, the presiding judge was former Chief Justice (Hilario) Davide, who is a lawyer. During the impeachment trial of former Chief Justice (Renato) Corona, the late former senator Juan Ponce Enrile was the presiding judge, who was also a lawyer. So, it helps, other than managing the trial, it is also necessary when there is a need to rule on objections, which are procedural,” Tamase said.

President Marcos, in an interview with Philippine media in Kazan, Russia, said he is confident of Escudero’s capacity to preside over the coming impeachment trial.

“If you think Sen. Escudero will be too rigid in the presentation of evidence or vice versa, too lax in presentation of evidence, the majority is there. The Senate itself has the control to ensure that the trial continues,” Tamase pointed out.

Not entirely his fault

He also said Escudero was not entirely to blame for the delay and the eventual archiving of the first impeachment case against Duterte.

“He decided that because the majority supported him. He voted with the majority and the majority supported him,” he said.

“From the strong view (of legal experts) it (impeachment trial) should continue even without a session, but there are academics who really believe that the Senate cannot do that while they are in recess. So in the sense the majority supported it, the Senate president at that time, Senator Escudero, had no choice but to go with it,” Tamase said.

He said it’s part of the functions of a presiding officer to ensure no delay in the impeachment trial.

“The presiding officer of the impeachment trial is the first to decide. Based on their policy and the rules or what the Senate did in the last two impeachment trials, the plenary will only ask if there is a disagreement on the presiding officer’s decision. So as the first person who gets a say, the presiding officer’s rule will be respected because if his rule is clear and his explanation is clear, the trial will be expedited,” Tamase said.

Snub likely

Meanwhile, for Deputy Speaker Francisco Paolo Ortega V, Vice President Sara Duterte is likely to skip her impeachment trial when it opens on July 6.

“I’d been asked that question during House hearings and I said ‘no’ she’s not going to attend her trial. It’s her strategy not to attend, not to commit, to disregard. It’s up to the defense how they’re going to handle it,” Ortega said at the Saturday News Forum in Quezon City.

Ortega said ranking officials – especially those who may seek the presidency – cannot dodge accountability and must face the public.

“If you’re being accused, if answers are being demanded, it’s best that they come from the horse’s mouth, so to speak,” he said.

“If you are putting yourself in a higher standard, if you’re running for president or vice president, you have the obligation to the people to answer. You are held to a higher standard than regular people, regular politicians, because you were put there by the people now demanding answers,” Ortega said.

The House leader also dismissed the likelihood of Duterte stepping down, though he noted her defense team has actively tried to avoid a full-blown trial by repeatedly pushing for outright dismissal.

“It’s an option (to have the case dismissed outright), but I think she’s not going to resign. They’re trying to avoid a trial,” he added.

“You can’t just resign after doing something that demands accountability,” he pointed out.

While anticipating unconventional defense strategies and potential delays, Ortega assured the public that House prosecutors are well prepared for all scenarios.

He also cited a recent survey showing eight in 10 Filipinos wanting the trial to proceed, reflecting a strong public desire for closure.

“So, there’s really a need to proceed with trial so everything can be laid bare in the open, exposed and put to an end. Let’s finish this impeachment trial,” Ortega said.

No more hurdle

For his part, Tingog Rep. Jude Acidre said that with the Senate now stable, there will be no more stumbling block to a fair and orderly trial. “Further delays will do no good to the public. The process should be finished,” he said.

While acknowledging the polarized public opinion on the trial, Acidre warned concerned officials and other individuals against using the democratic process as an excuse to stall the proceedings.

“There are varying views regarding the impeachment. That is a fact in a democracy. But this should not give anyone an excuse to delay, disrupt or politicize the process,” he added.

“This is not just about who wins or who loses. What’s important here is the trust of the people – trust in the law, the institutions – that we’re capable of dealing with serious issues with calm, fairness and justice,” Acidre said.

House prosecution spokesman and Lanao del Sur Rep. Zia Alonto Adiong said the pre-trial conference went smoothly last Thursday.

“Apart from the skepticism of the community, I think this is also an indication that the public really deserves to have the trial done the soonest possible time,” Adiong said on Friday.

To expedite the process, prosecutors prioritized the marking of evidence for Articles One and Three, which involve shorter lists of witnesses and documents, before tackling the more voluminous materials linked to Articles Two and Four.

Disagreements over the stipulation of facts have already surfaced – a normal occurrence, Adiong noted, as the court attempts to simplify issues before the open trial.

Evasive

But he criticized Duterte’s defense team for continuing to dodge the core allegations, pointing out their reliance on procedural technicalities rather than on substantive rebuttals.

“So I guess this is the perfect opportunity in that the proper forum to answer all these allegations instead of going back to the rehash narrative that they’re saying that, you know, this is all sham because there’s a constitutional infirmity,” Adiong said.

He challenged the defense team to confront the evidence head-on once the trial officially begins.

“If they don’t offer anything as a specific substantive response to the allegations or the evidence contained under the Articles of Impeachment, it would speak only one thing: they don’t have an answer,” he added.

Ultimately, it’s the evidence presented that should set the direction of the trial even amid political noise, he said.

Meanwhile, a lawyer advocating commuters’ safety and protection said Chief Justice Alexander Gesmundo or any of the SC’s associate justices should be the presiding officer of the impeachment trial to ensure impartiality and fairness.

Ariel Inton, founder of the Lawyers for Commuters Safety and Protection, said that without legal background, Gatchalian is likely to encounter difficulty in handling a trial. — Neil Jayson Servallos, Emmanuel Tupas