The Senate impeachment court remains “unaffected” by a petition from a group of lawyers supportive of Vice President Sara Duterte, urging the Supreme Court to stop her ongoing impeachment trial over questions about the legality of the presiding officer, Senate President Win Gatchalian asserted Thursday. 

Gatchalian emphasized that the mere fact that the SC has not yet made a ruling on the matter, notwithstanding the urgency of the petition, merely indicates that there are no procedural errors in the proceedings. 

“We are not affected, because if the Supreme Court believes that the situation involves irreparable damage—meaning if it continues, it can no longer be restored to its original state—it would issue a status quo ante order or a TRO (temporary restraining order),” he said in Filipino in a radio interview.

Earlier this week, a group of lawyers, led by Atty. Israelito Torreon, urged the SC to swiftly issue a TRO to halt the impeachment trial being led by Senator Chiz Escudero. 

They argued, among others, that Escudero has no business presiding over the proceedings, considering that he is not the elected Senate president. 

The position of a presiding officer in an impeachment trial is traditionally reserved for the leader of the Senate, except when the President of the Republic is on trial.

Although the latter is explicitly stated in the 1987 Constitution, the Charter does not specify that only the Senate president can preside over the trial when other top officials stand trial. 

The lawyers contended that the trial must be discontinued until the SC settles the legal questions over who is constitutionally mandated to preside over. 

SC unlikely to meddle

However, retired SC associate justice Adolfo Azcuna, one of the framers of the Constitution, remarked that the high court is unlikely to intervene on the issue, given that it’s highly political in nature. 

He averred that the matter should be resolved by the Senate, which has the sole jurisdiction of the same, warning that the SC will not meddle in the business of a coequal branch. 

The first day of Duterte’s impeachment trial 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. 

Senators Alan and Pia Cayetano immediately questioned the legality of Escudero’s appointment, arguing that the Constitution strictly mandates that only the Senate president should preside over the trial.

The Cayetanos warned that the “defective” process would invite judicial challenge, which could result in the seven-month trial being voided. 

The Gatchalian bloc, however, countered that they amended the rules on 3 June, the same day 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. 

Furthermore, Gatchalian and allies argued that the Senate is empowered to formulate its own rules.

Meanwhile, defense spokesperson and member Michael Poa denied that their camp was aware of the filing, saying Torreon did not notify them that they would bring the issue to the SC, even though the group is known to be allied with the VP. 

In recent years, Torreon also led the filing of multiple SC petitions related to Duterte’s impeachment. The rationale has always been the same: to stop the trial due to legal technicalities. 

Trial proceeds sans SC TRO

In response, Gatchalian said the trial will continue as scheduled unless the high court issues the TRO. 

“The Supreme Court did not grant [their TRO request]. So, therefore, the impeachment proceedings will proceed,” he pointed out.

Gatchalian was also unbothered by criticisms ridiculing him for sharing the rostrum with Escudero. 

The Senate leader emphasized that the same arrangement was also observed during the impeachment trial of then-President Joseph Estrada from late 2000 until January 2001.

At the time, then-Senate president Nene Pimentel and SC chief justice Hilario Davide sat next to each other on the rostrum, although it was the latter who presided over Estrada’s trial, including making rulings on motions and objections.

Meanwhile, Gatchalian bared that they are planning to direct the prosecution and the defense to shorten the trial dates, given the delays in the first week of the proceedings. 

Initially, the Senate impeachment court allotted one day for each witness. However, the cross-examination of the first witness from the National Bureau of Investigation already consumed two full days of the trial. 

The court allotted 92 trial days, divided between the prosecution (62) and the defense (30). 

The prosecution will devote the bulk (31 days) of the trial dates allotted to them to argue how the VP allegedly misused over P600 million in confidential funds by their office, which is contained under Article 1 of the Articles of Impeachment.