Senator Escudero elected as presiding officer in VP Duterte impeachment trial

On the first day of the impeachment trail of Vice President Sara Duterte on Monday (July 6, 2026), the Senate impeachment court elected Senator Francis “Chiz” Escudero as the presiding officer following a 12-8 vote.

Senate President Sherwin Gatchalian had opened the trial by emphasizing the importance of impartial justice, due process, and adherence to the Constitution.

However, a constitutional challenge raised by Senator Alan Peter Cayetano and other senators who argued that the sitting Senate President should lead the proceedings.

"It is very clear in the Constitution of the Philippines that the Presiding Officer is the Senate President. Section 3, Paragraph 6 of Article 11 of the 1987 Constitution, the Senate shall have the sole power to try and decide all cases of impeachment," he said.

Cayetano, a senator-lawyer who has participated in previous impeachment proceedings, cited the deliberations of the 1986 Constitutional Commission.

Cayetano said, "It is but elementary, Mr. President, in statutory, especially construction of the Constitution, that the spirit as well as the letter is followed," he said.

Cayetano said designating another senator to preside over the impeachment court would not only undermine the Senate's institutional integrity but also cast doubt on the legitimacy of the proceedings.

"We need to protect the legitimacy of these proceedings. 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," Cayetano said.

KEY GUIDELINES

Meanwhile, following his election, Escudero outlined key guidelines for the trial:

•   Conviction Requirement: A conviction will require the affirmative vote of at least 16 senator-judges (two-thirds of the Senate).

• Burden of Proof: The burden of proof rests entirely with the prosecution and will not shift to the respondent.

•   Procedural Conduct: Rules will be applied liberally to ensure all parties can present and test evidence effectively.

•   Public Comment: All participants, including senator-judges, legal counsels, and witnesses, have been cautioned against making public comments on the merits of the case to avoid political theater.

Escudero noted that the court must proceed with extreme caution and impartiality given the gravity of potentially removing an elected official, a report of the Philippine News Agency said.

A screen grab of a photo posted on the Facebook page of the Senate of the Philippines. July 6, 2026.

-Paraluman News