He also stressed that the constitutional requirement of 16 votes for conviction remained unchanged regardless of the number of senator-judges participating in the proceedings.

“The Constitution is clear. Conviction requires the concurrence of two-thirds of all the members of the Senate,” Escudero said, noting that 16 affirmative votes are needed even if some senators are absent from the trial.

His election, however, came only after a heated floor debate over who should preside over the impeachment court.

Alan’s warning

Senator Alan Peter Cayetano argued that under the Constitution and the Senate Rules of Procedure on Impeachment, the Senate President should automatically preside over the trial unless the President of the Philippines is the one being impeached.

He warned that electing another presiding officer could expose the proceedings to legal challenges before the Supreme Court.

“A conviction or acquittal reached under a constitutionally defective process would invite a judicial challenge,” Cayetano said, arguing that proceedings before an officer without legal authority could be declared void.

Senate President Sherwin Gatchalian countered that the Senate had amended its impeachment rules on 3 June, allowing the senators to elect a presiding officer other than the Senate President. He said the amendments took effect after no objections were raised during the session that adopted them.

Senator Francis “Kiko” Pangilinan, a member of the majority bloc under Gatchalian, argued that the Constitution does not expressly require that only the Senate president could preside over an impeachment trial.

“What the Constitution provides is that when the President is undergoing an impeachment trial, the Chief Justice must preside. Nowhere in the Constitution’s provisions on public accountability and impeachment does it say that the Senate president must preside when the Vice President or any other impeachable official is on trial,” Pangilinan said.

Sen. Pia Cayetano disputed that position, maintaining that amendments to the impeachment rules should be made by the impeachment court itself rather than by the Senate acting as a legislative body. Sen. Loren Legarda likewise cautioned that disregarding the rules could cast doubt on the legitimacy of the proceedings.

Despite the objections, Escudero secured the support of the majority of the senator-judges and assumed the role of presiding officer.

Vice President Duterte did not personally appear at the opening of the trial, leaving her legal team to represent her.

Against Escudero

Outside the Senate, the multisectoral group Tindig Pilipinas, one of the complainants in the impeachment case, opposed Escudero’s election, citing his earlier interpretation of the constitutional requirement that the Senate proceed with a trial “forthwith.”

The group argued that his position ahead of last year’s anticipated impeachment trial contributed to delays that led to the Supreme Court ruling against a trial then. They questioned whether he could remain impartial as the presiding officer of this year’s trial.

Prosecutors stand firm

Amid mounting pressure from allies and supporters of the Vice President, a spokesperson for the House prosecution panel on Monday urged fellow prosecutors to remain focused on their constitutional duty as the impeachment trial got underway.

Speaking before the opening of the Senate trial, Lanao del Sur Rep. Zia Alonto Adiong said political pressure should not deter the prosecutors from presenting the House’s case.

“Regardless of the political pressure or the fear of risking political capital, we should not falter,” Adiong said.

He warned that yielding to the pressure would only reinforce a “culture of impunity,” stressing that the prosecution’s sole responsibility is to present the evidence before the impeachment court.

“This is the time that we show the people that the Constitution serves their interest,” he said.

Truth must prevail

Meanwhile, Rep. Paolo “Pulong” Duterte of Davao City’s First District on Monday expressed hope the impeachment trial of his sister, Vice President Duterte, would be conducted fairly to allow the truth to come out.

In a statement posted on his Facebook page, Representative Duterte said the proceedings should be guided by the evidence and the facts.

“Let the evidence speak. Let the facts prevail. Let the truth come out,” he said.

Duterte said that, like many Filipinos, he hopes the trial will be conducted fairly, professionally, and without unnecessary distractions.

“I hope this process finally allows the truth to emerge from the mountain of accusations, speculation, political narratives and noise that have surrounded this issue for months. The Filipino people deserve facts, not rumors. Evidence, not innuendo. Truth, not propaganda,” he said.

PNP acts vs misinformation

The Philippine National Police (PNP) on Monday warned the public against spreading misinformation and online content that could incite violence or disrupt the public order as the impeachment trial of Vice President Duterte got underway.

PNP chief Gen. Jose Melencio Nartatez Jr. directed the Anti-Cybercrime Group, intelligence units, and all Police Regional Offices to intensify their monitoring of online activities that threaten public officials, target government institutions, or encourage violence.

“Disinformation that seeks to incite violence and undermine our democratic institutions is a direct threat to public safety. The PNP is utilizing 24/7 cyber patrolling to identify and neutralize malicious narratives intended to deceive the public,” he said.

The PNP deployed around 6,000 police personnel to secure the Senate complex and other key areas while stepping up intelligence monitoring and ordering local police to promptly verify and address viral false information that could spark panic or disorder.

With reports from JEROD ORCULLO, JON DEVELOS AND JING VILLAMENTE