A petition seeking to halt the impeachment trial against Vice President Sara Duterte has been filed before the Supreme Court on Tuesday, on the grounds of Presiding Officer Francis “Chiz” Escudero’s “doubtful” authority.
In a petition for certiorari appealing for the issuance of a temporary restraining order or a status quo ante order, Atty. Israelito Torreon and several other individuals argued that Senate President Sherwin “Win” Gatchalian should preside over Duterte’s trial, as Escudero’s authority “remains under serious and unresolved constitutional challenge.”
The petitioners reasoned that while the Supreme Court chief justice shall preside over a trial against the president, the incumbent Senate president must preside over trials against any other impeachable officer, including Duterte’s.
“Under Section 3(6), Article XI of the Constitution, while the Chief Justice of the Supreme Court presides only when the President of the Philippines is on trial, the deliberations of the Constitutional Commission—particularly Records No. 42 (28 July 1986) (ANNEX “A”)—reveal that the framers deliberately understood and intended that the Senate President, and no other, shall preside in all other cases of impeachment, including the trial of a Vice President,” they wrote.
The group asserted that the June 3 session, wherein the Rules of Procedure on Impeachment Trials was amended to permit the election of another presiding officer besides the senate president, was “procedurally infirm” due to a lack of quorum; the amendment not having been preceded by a one-day advance notice, as stipulated under Senate Rules; and the impeachment court being a distinct body from the Senate that had adopted the amendment.
They argued that if the High Court does not swiftly intervene and void Escudero’s allegedly unconstitutional authority, this violation may be fully executed before resolution.
“Unless immediately restrained, the Impeachment Court will continue acting under rules and a presiding officer whose validity depends on proceedings already challenged as unconstitutional. Such continued action risks rendering the pending Petitions nugatory and allowing the constitutional injury complained of herein to harden into an accomplished fact,” the group urged.
Senator Escudero was elected presiding officer on July 6 with a vote of 12 in favor and eight opposed.
Minority Leader Alan Peter Cayetano warned that allowing Escudero to take over could place the proceedings “at risk,” according to an earlier report.
