A lawyers' group has urged that whoever presides over the impeachment trial of Vice President Sara Duterte should be impartial and free from political bias, even if the presiding officer is not a lawyer.
The statement came after former Solicitor General Florin Hilbay argued that impeachment is "not a courtroom exercise reserved for lawyers but a constitutional process of public accountability," adding that the presiding officer need not necessarily be a member of the legal profession.
Under Article XI, Section 6 of the 1987 Constitution, the Chief Justice of the Supreme Court presides only when the President is on trial and does not vote. Conviction requires the concurrence of two-thirds of all Senate members.
Lawyers for Commuters' Safety and Protection (LCSP) president Atty. Ariel Inton said it would be preferable for a Supreme Court justice, rather than a senator, to preside over the impeachment proceedings against Duterte.
"Sa nangyayari sa Senado ngayon na may gulo pa sa issue ng majority at senate officers ay di kaya mas mainam na ang presiding officer sa impeachment ay hindi senador at isang justice ng Supreme Court?" Inton said.
He noted that the Constitution does not explicitly state who should preside over impeachment trials involving officials other than the President.
"Wala sa Saligang Batas nakasaad kung maliban sa Presidente ang subject ng impeachment ay sino ang presiding officer. Kahit Senate President hindi nakalagay. So tama naman si Hilbay na hindi kailangan abogado," Inton said.
He added that while only the President and Vice President are elected impeachable officials, the Vice President is the constitutional successor to the presidency, making objectivity and fairness equally important in impeachment proceedings.
"Wala naman ipinagbabawal sa Saligang Batas na ang isang Supreme Court justice ang mag-preside sa impeachment trial since the vice president is the constitutional successor to the presidency. The same standard and degree of objectivity and fairness must apply," he said.
Inton also emphasized the significance of the presiding officer's role in ruling on objections, maintaining order and ensuring the proper conduct of the proceedings.
"Mahalaga ang papel ng presiding officer sa impeachment trial dahil he will rule sa mga objections ng mga abogado, must see to it na maayos ang proceedings. Kung ang presiding officer ay may bahid na ng political bias, asahan na ang banggayan ng mga senator-judges," he said.
He added that although impeachment is a political process rather than an ordinary court proceeding, the impeachment court generally adopts the Rules of Court in conducting the trial.