VP Sara’s impeachment trial opens after Escudero is elected to preside

By Kaela Patricia B. Gabriel

THE Senate on Monday elected Senator Francis Joseph “Chiz” G. Escudero to preside over the impeachment trial of Vice-President (VP) Sara Duterte-Carpio, settling an early procedural dispute before prosecutors opened their case against the country’s second-highest official.

Senators voted 12-8 to elect Mr. Escudero as presiding officer, replacing Senate President Sherwin T. Gatchalian, after a debate over whether the Constitution required the Senate president to lead the proceedings.

“As presiding officer, I shall do my part to uphold the fairness and integrity of this process, and shall see it through to its proper conclusion,” Mr. Escudero said in Filipino after his election.

Senate Minority Leader Alan Peter S. Cayetano opposed the move, arguing that the Constitution designates the Senate president as the presiding officer in impeachment trials except when the President is on trial, in which case the chief justice presides.

“It is very clear in the Constitution that the presiding officer is the Senate president,” Mr. Cayetano said, warning that changing the arrangement could expose the proceedings to legal challenges.

Mr. Escudero is one of the two senator-lawyers from the majority bloc, the other being Senator Francis Pancratius “Kiko” N. Pangilinan.

Mr. Pangilinan countered that the Constitution does not expressly require the Senate president to preside over impeachment trials involving officials other than the President.

Senator Panfilo “Ping” M. Lacson later moved to elect Mr. Escudero, whose nomination was approved by the chamber.

In his opening remarks, Mr. Escudero also settled another procedural issue by ruling that conviction would require at least 16 votes, or two-thirds of the Senate’s full 24-member membership, despite the absence of some senator-judges.

He said the impeachment court would follow the constitutional threshold unless the Supreme Court rules otherwise.

The court then proceeded with opening statements after the House prosecution panel and the Vice-President’s legal team formally entered their appearances.

Lead House of Representatives prosecutor and Batangas Rep. Gerville R. Luistro said the evidence would show that more than P612 million in confidential funds entrusted to the Office of the Vice-President and the Department of Education had been disbursed and liquidated under questionable circumstances.

She said the prosecution would also present evidence supporting the other articles of impeachment, including allegations of unexplained wealth, bribery and grave threats.

Lead defense counsel Sheila C. Sison argued that the impeachment complaint was constitutionally defective and cited a 2025 Supreme Court ruling that found earlier impeachment proceedings in the House tainted with grave abuse of discretion.

Before the opening statements, Ms. Sison objected to the prosecution’s motion to read the four articles of impeachment and require a plea for each count.

Mr. Escudero ruled that the articles would instead be read when the court votes on each charge at the end of the trial.

The impeachment court also ordered the return of a sealed box containing the tax records of Ms. Duterte and her husband, lawyer Manases R. Carpio, to the Bureau of Internal Revenue after ruling that the records had not been formally offered as evidence during pretrial proceedings.

Ms. Duterte did not attend Monday’s session and was represented by her lawyers.

In a statement before the proceedings, Ms. Duterte said the integrity of her impeachment trial should be judged by adherence to the Constitution and due process rather than whether she personally takes the witness stand.

She said the Constitution guarantees a respondent’s right to be represented by counsel and that deciding whether to testify is a matter of legal strategy.

“Choosing to appear through counsel rather than testify personally does not diminish accountability or imply a lack of transparency,” she said, adding that the burden remains on the prosecution to prove its case.

Ms. Duterte said public debate over whether she should personally appear before the impeachment court distracts from the legal issues.

“The opinion of a President in an impeachment proceeding is of no importance,” she said. “Impeachment proceedings must be guided by the Constitution and due process.”

Her remarks came after President Ferdinand R. Marcos, Jr. said over the weekend that the decision on whether the Vice-President would personally attend the trial rests with her and her legal team, though he added that he would choose to appear if he were in the same position.

‘WITHOUT DELAY’
She faces allegations including the misuse of confidential funds, unexplained wealth, bribery and grave threats against Mr. Marcos, First Lady Marie Louise “Liza” Araneta-Marcos and former Speaker Ferdinand Martin G. Romualdez. She has denied the allegations.

A conviction by the impeachment court will remove her from office and disqualify her from holding public office in the future.

Also on Monday, the National Union of Peoples’ Lawyers (NUPL) urged the Senate, sitting as an impeachment court, to conduct the trial without delay, saying the proceedings should remain transparent and free from political interference.

The lawyers’ group said senator-judges should treat the proceedings as a constitutional process designed to uphold public accountability rather than a political exercise.

“We expect the full and unhindered presentation of evidence before the impeachment court and, by extension, the Filipino public,” the group said.

The NUPL said the Senate should ensure the trial proceeds “fully, transparently, and without delay,” adding that the proceedings must be insulated from “backroom deals or political accommodations.”

“The impeachment court belongs to the people,” it said. “Impeachment is a constitutional mechanism for holding high-ranking public officials accountable for alleged violations of public trust.”

The group also said the allegations involving confidential funds should not be viewed as an isolated case, arguing that accountability should extend beyond a single public official.

“The brazen plunder of public funds is not an isolated aberration by a single official,” it said.

The NUPL said it would continue monitoring the proceedings, adding that public vigilance should continue beyond the impeachment trial.

The impeachment court adjourned at 5:12 p.m. and is scheduled to resume proceedings at 2 p.m. on Tuesday. — with Erika Mae P. Sinaking and Mark Joseph M. Sanchez