“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 entire trial.” -Alan Peter Cayetano
A procedural dispute divided senators on the opening day of Vice President Sara Duterte’s impeachment trial over who should preside. Senate President Win Gatchalian opened the historic trial, emphasizing the Senate’s duty to deliver impartial justice under the Constitution.
However, Senator Alan Peter Cayetano immediately raised a point of order regarding the tribunal’s presiding officer. Consequently, lawmakers clashed over whether Senate rules could override constitutional intentions regarding leadership during the proceedings.
Cayetano insisted that the 1987 Constitution designates the Senate President as the mandatory presiding officer for non-presidential impeachments. He cited records from the Constitutional Commission showing framers deliberately intended the Senate President to lead the court.
“It is very clear in the Constitution of the Philippines that the presiding officer is the Senate President. Section 3, Paragraph 6 of Article XI of the 1987 Constitution states: ‘The Senate shall have the sole power to try and decide all cases of impeachment.'”
In response, Gatchalian defended Senate Resolution Number 14, which allowed the plenary body to elect its presiding officer. “Due process and fair play must remain paramount at every stage of this trial. Let us be firm in the search for truth.”
Cayetano warned that proceeding under a defective process would expose any eventual verdict to judicial challenge. “A judgment rendered by a court without jurisdiction is null and void and may be attacked anytime. It creates no rights and produces no effect.”
Clash Over Senate Rules and Intent
Senator Kiko Pangilinan countered that the Constitution remains silent on non-presidential trials, granting Congress full rule-making power. Similarly, Senator Tito Sotto invoked the legal principle of expressio unius est exclusio alterius to support electing a presiding officer.
“The Constitution does not provide that the Senate President must preside in cases of impeachment trial. What the Constitution provides is that when the President is undergoing impeachment, going through trial, the Chief Justice must preside.”
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However, Senator Pia Cayetano argued that lawmakers must respect the clear intent of the constitutional framers rather than technicalities. “One of the most fundamental principles of constitutional construction states that we give effect to the intent of the framers of the Constitution. With this vote, did we give effect to the intentions of the framers of the Constitution?”
Joining the minority, Senator Robinhood Padilla stated that the Senate must listen to the law’s original creators. “Tuwing may pagdinig, ang lagi po naming pinapatawag ay ang mga sumulat ng Konstitusyon, bilang sila po ang nakakaalam kung ano ang puso at diwa ng Konstitusyon. Malinaw po na kung may pakikinggan tayo, eh ‘yung creator.”
Senate Votes Escudero to Preside
Following the intense debate, Senator Panfilo Lacson formally moved to elect Senator Chiz Escudero as the trial’s Presiding Officer. Subsequently, the Impeachment Court approved the motion with twelve votes in favor and eight votes against.
Opposing senators including Imee Marcos and Loren Legarda formally noted their objections, highlighting pending petitions before the Supreme Court. Consequently, Escudero assumed all powers of the Presiding Officer under the amended rules as the trial officially commenced.
