MindaNews / 6 July 2026 — The start of the impeachment trial of Vice President Sara Duterte on Monday, July 6, opened with a debate on who should act as presiding officer.
Senate President Sherwin Gatchalian presided the proceedings when the impeachment court opened around 2 p.m., but citing the chamber’s rules of procedure on impeachment trials as amended, he moved for the election of the presiding officer after delivering his opening statement.
However, Senate Minority Leader Alan Peter Cayetano objected, saying the 1987 Constitution is clear that the Senate President shall preside over the impeachment trial if the impeached official is anybody but the President of the Philippines.
Gatchalian replied that the rules for impeachment trial were amended without objection during the June 3 session of the Senate as a legislative body.
Gatchalian was referring to the session where only the 12 members of the majority bloc attended. He said the rules can only be amended during a plenary or when the Senate is sitting as a legislative body.
Senator-Judges Kiko Pangilinan and Tito Sotto argued that anybody among the Senator-Judges may act as presiding officer as the Constitution provides that the Chief Justice shall preside when the President of the Philippines is on trial, but is silent on who shall preside in cases where the impeached official is other than the highest official of the land.
Article XI, Section 3(8) of the Constitution also says, “The Congress shall promulgate its rules on impeachment to effectively carry out the purpose of this section.”
In a vote of 12 in favor and 8 against, Senator-Judge Chiz Escudero, who was nominated by Senator-Judge Panfilo Lacson, was elected as the presiding officer.
Gatchalian did not vote. Senators Rodante Marcoleta and Jinggoy Estrada are in detention for plunder, while Senator Ronald dela Rosa is in hiding to evade arrest after the International Criminal Court issued an arrest warrant for him for alleged crimes against humanity.
Cayetano, along with Senator-Judges Pia Cayetano, Imee Marcos, and Robinhood Padilla delivered explanations of their vote against Escudero as the presiding officer. He said a violation of the Constitution is not just a technicality.
Senator Loren Legarda, in her manifestation after the vote, cited that the validity of the June 3 session has been questioned before the Supreme Court.
Cayetano and eight other senators asked the Supreme Court on June 16 to declare null and void all the resolutions passed by the 12 senators, led by Gatchalian, during their June 3 session.
Escudero, in his opening statement as presiding officer, said a two-thirds vote by all the Senator-Judges as the threshold for conviction should be observed.
He added that Senator-Judges who disagree with his position can seek judicial relief. (H. Marcos C. Mordeno / MindaNews)
