The Senate impeachment court on Monday elected Sen. Francis “Chiz” Escudero as presiding officer in the impeachment trial of Vice President Sara Duterte, voting 12-8 after a constitutional challenge was raised over who should lead the proceedings.
Senate President Sherwin Gatchalian earlier opened the trial, reminding senator-judges that their oath requires them “to do impartial justice according to the Constitution and the laws of the Philippines.”
“Due process and fair play must remain paramount at every stage of this trial. Let us be firm in the search for truth. And let us remain faithful to the rules of this Court, the rule of law, and above all, the Constitution,” Gatchalian said.
The court proceeded to elect Escudero despite points raised by Sen. Alan Peter Cayetano and other senator-judges that the sitting Senate President should preside over the impeachment court.
Cayetano argued that both the presiding officer issue and the number of votes required for conviction should be resolved at the outset, calling them “threshold” questions that could affect the validity of the trial.
“I want to avoid walkouts. I want to avoid any delays, Mr. President,” Cayetano said, warning that “amending the rules, implementing a null and void rule, and violating the Constitution will endanger this whole hearing.”
After his election, Escudero said the impeachment court must proceed with prudence, caution, and impartiality, noting that the trial involves one of the most drastic acts under the country’s constitutional democracy — the possible removal of an elected official before the end of her term.
Escudero also laid down key guidelines for the trial, saying a conviction would require the affirmative vote of at least 16 senator-judges, based on the constitutional requirement of two-thirds of all members of the Senate.
On the burden of proof, Escudero said it would rest on the prosecution and would not shift to the respondent.
“Let me be clear that the burden of proof in these proceedings rest upon the prosecution. It does not and will not shift,” he said.
He also said the rules would be applied liberally to allow prosecutors to present their case, the defense to test the evidence, senator-judges to weigh the facts, and the public to hear the whole and impartial truth.
Escudero cautioned senator-judges, prosecutors, Duterte, their counsels and witnesses against making public comments on the merits of the case, saying the proceedings should not become a venue for political theater or personal attacks. (PNA)