CJ as trial officer?

There is a camp of legal luminaries advocating for the Chief Justice of the Supreme Court to be added as a presiding officer of the impeachment court, alongside the Senate President, in the trial of Vice President Sara Duterte.

Under Section 4(6), Article 11 of the Constitution, when the President is on trial, the Chief Justice shall preside over the impeachment trial. Under Section 3, Article VII, the Vice President may be removed from office “in the same manner” as the President. Since the manner of removing the President is through an impeachment trial, where the SC Chief Justice serves as the presiding officer, it follows that the Chief Justice must also preside over the impeachment trial of the Vice President.

During the deliberations of the Constitutional Commission, however, Commissioner Christian Monsod stated that when the President is on trial, it is the only time the Chief Justice of the Supreme Court shall preside. At the same time, Commissioner Hilario Davide noted that in all other cases, it would be the Senate President who would preside over the proceedings.

Nonetheless, under Section 3 (6) and Article 11 of the Constitution, the Senate shall have the sole power to try and decide all cases of impeachment. It shall promulgate its rules on impeachment to effectively carry out the process.

The power to decide an impeachment case and promulgate rules includes the authority to interpret the constitutional provision regarding who will serve as the presiding officer.

Even in the US, who shall be the presiding officer is not set in stone.

On 13 January 2021, the US House of Representatives impeached President Donald Trump for inciting to insurrection involving the attack on the US Capitol. The Article of Impeachment was filed one week before his term expired. The Senate commenced the impeachment trial after Trump had left office.

Under the US Constitution, the Chief Justice must preside over an impeachment trial involving the President. However, the Senate, in a majority vote, made the Senate President Pro Tempore the presiding officer of the impeachment trial.

According to the US Senate, the constitutional provision that requires the Chief Justice to preside over an impeachment trial of the President did not apply in this case because Trump was no longer the sitting President.

Under Philippine Senate Resolution 39 dated 23 March 2021 (the Rules of Procedure on Impeachment Trial), when the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside. The President of the Senate shall preside in all other cases of impeachment.

The Senate adopted Senate Resolution 39 on 10 June 2025 in connection with the impeachment trial of Vice President Duterte.

Following this resolution, the Senate President, and not the SC Chief Justice, shall preside over her impeachment trial.

Article XI, Section 3(6) and (8) vests the Senate with the “sole power” to try and decide impeachment cases and to promulgate the rules to govern such proceedings. This authority includes the power to interpret procedural aspects of impeachment, such as determining the presiding officer. The Senate’s ability to set its own rules is a recognition of its autonomy as a co-equal branch of government, allowing it to adapt procedures to the specific context of each impeachment case.

The provision opens up an option for the Chief Justice to play a principal role in the trial, as it is permitted under the provisions of the Charter.