The opening of the impeachment trial of Vice President Sara Duterte on Monday was immediately marked by tensions after the Gatchalian- and Cayetano-led blocs sparred over Senate rules, which mandate who should preside over the proceedings. 

With a 12-8 vote, the Senate impeachment court elected Senator Chiz Escudero as the presiding officer, a post traditionally reserved for the Senate president. 

The impasse ensued shortly after the Senate impeachment court convened for the first day of the trial of the VP, who was a no-show, although her lawyers were present on her behalf.

Senator Alan Cayetano immediately took the podium even before Senator Ping Lacson stood up to officially make a motion to elect a presiding officer other than Senate President Win Gatchalian. 

Cayetano argued that the Senate impeachment court cannot elect a presiding officer other than Gatchalian because the rules of procedure on impeachment, anchored in the Constitution, mandate that the Senate president should preside over the proceedings except when the President of the Republic is on trial.

Cayetano warned that a conviction or acquittal “reached under the constitutionally defective process would invite judicial challenge” later on the Supreme Court, which could make the seven-month trial void. 

“Proceedings before a judge or hearing officer who lacks the legal authority are invalid regardless of [the] fairness of the proceedings. A judgment rendered by [a] court without jurisdiction is null and void and may be attacked at any time,” Cayetano pointed out. 

“It creates no right and produces no effect…as the decision of a court or tribunal without jurisdiction is a total nullity,” he added. 

Gatchalian, however, countered that they amended the rules on 3 June; at the same time, they took over the leadership from Cayetano, who was ousted as Senate president. 

Since no objection was raised during the time because Cayetano and his allies boycotted the session, the amendment was adopted. 

The amendments allowed senators to elect a presiding judge other than the Senate leader. 

Senator Kiko Pangilinan, part of Gatchalian's majority bloc, pointed out that the Constitution does not explicitly require that only the Senate president may preside over impeachment trials. 

“What the Constitution provides is that when the President is undergoing impeachment or going through the trial [or] is being tried, the chief justice must preside. Nowhere in the Constitution, in the provisions, on public accountability and impeachment does it say that the Senate president must preside when the Vice President is under trial or any other impeachable officers," Pangilinan averred. 

Jumping to the defense of her brother, Senator Pia Cayetano argued that any amendments to the impeachment rules must happen in the impeachment court, given that the latter is a separate entity from the Senate as a legislative body.

Jumping to the defense of her brother, Senator Pia Cayetano argued that any amendments to the impeachment rules must happen in the impeachment court, given that the latter is a separate entity from the Senate as a legislative body.

Taking a jab at the administration, she contended that President Marcos Jr. could even call for a special session again to justify the legality of the amendments.

“If you insist that the impeachment amendment has to be done in a special session, then let’s call for a special session. Malacañang seems very supportive of the majority, right?” she stressed. 

Alan warned that if the Senate impeachment court defied the rules, the proceedings would end up in the Supreme Court. 

In the same vein, Senator Loren Legarda cautioned that non-abidance of the rules 

“may place the validity and the legitimacy of the entire impeachment in doubt.”

Despite objections, the Senate impeachment court elected Escudero as presiding officer after Cayetano and allies lost by a 12-8 vote.

In a speech delivered shortly after the election, Escudero vowed to ensure the impartiality of the trial and uphold the constitutionally mandated threshold for a conviction at two-thirds of the 24-member Senate. 

Escudero maintained that Duterte’s conviction will still require 16 votes regardless of how many senators are present in the trial.

The number of senator-judges is now down from 24 to 21 following the arrests of Senators Jinggoy Estrada and Rodante Marcoleta on plunder charges, while Senator Bato dela Rosa is still in hiding to evade an International Criminal Court warrant. 

They are all under Cayetano in the minority bloc, which is mostly comprised of allies of the VP. 

Earlier, Tindig Pilipinas, a multisectoral group supportive of the VP’s ouster and one of the complainants in the impeachment, strongly opposed Escudero as presiding officer. 

The group pointed to the senator’s “twisted interpretation” of the constitutional directive to proceed “forthwith” with the trial on the first impeachment case lodged by the House of Representatives against Duterte in February last year.

They contended that Escudero’s lack of urgency “became the basis for the delay and deferment of the impeachment process.”

Recall that Escudero drew mounting backlash over his stance that “forthwith” does not strictly mean “instant,” despite several Charter framers defining it as “without delay.”

His stance effectively stalled the impeachment proceedings, with the SC eventually striking it down on a technicality before the Senate could hold a proper trial. 

Prior to the opening of the impeachment trial, Gatchalian insisted that he would preside over the proceedings, despite some of his colleagues recommending Escudero, citing his legal background, experience, and past impeachment trials. 

Tindig Pilipinas, however, contended that Escudero’s legal competence “does not guarantee” that he would be impartial in the proceedings and would zabide by the Constitution, given his allegedly flawed interpretation of key impeachment provisions.