Duterte-allied lawyers question Escudero’s election as impeachment presiding officer at SC

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'The impeachment court...[is] being presided over by an officer whose authority to hold that position is squarely disputed and is the subject matter of a Petition presently pending before this Honorable Court,' the motion reads

MANILA, Philippines – Lawyers allied with the Dutertes went to the Supreme Court (SC) to challenge the election of Senate impeachment presiding officer Senator Chiz Escudero.

The legal counsels, led by Israelito Torreon, filed a very urgent manifestation on Monday, July 6, raising concerns over Escudero’s election. With 12-8 votes, the Senate chose Escudero on Monday to preside over the impeachment trial of Vice President Sara Duterte.

The eight negative votes were from Duterte-allied senators, including Senator Imee Marcos and the Cayetano siblings.

“The Impeachment Court trying petitioner Vice President Sara Z. Duterte is, at this very moment, being presided over by an officer whose authority to hold that position is squarely disputed and is the subject matter of a Petition presently pending before this Honorable Court,” the motion read.

“Notwithstanding this unresolved controversy, the Impeachment Court has proceeded, and continues to proceed, with the trial proper thereby compounding, with each passing session, the risk that the entirety of the proceedings may later be declared void for want of a validly constituted and validly presided tribunal,” it added.

In their petition, Torreon and companions asked for the issuance of a status quo ante order or related interim reliefs ordering the impeachment court and all people connected or under it from conducting or continuing the trial, “receiving evidence, ruling on objections, issuing orders, enforcing processes, or otherwise giving further operative effect to the impeachment trial of petitioner Vice President Sara Z. Duterte until the antecedent constitutional question concerning the authority of the presiding officer is resolved.”

Torreon’s motion is hinged on the pending petitions with the SC challenging the articles of impeachment against the Vice President. There are three petitions in total at the High Court — including a petition filed by Duterte herself — against the current impeachment proceedings.

While Duterte scored a victory in 2025 when the SC found the articles of impeachment unconstitutional, the High Court did not give the Vice President interim relief for her 2026 impeachment.

“Petitioners thus respectfully submit that a temporary restraining order, status quo ante order, or other appropriate interim relief is warranted to ensure that the impeachment trial proceeds, if at all, only under Rules of Procedure on Impeachment Trials validly adopted and only under a presiding officer whose authority to preside is not under serious and unresolved constitutional challenge,” the petition added.

Quorum questioned again

The petitioners also raised the validity of the June 3 Senate session, where 12 senators declared a quorum and passed several measures. They also argued that the amendment to Rule 2 of the Rules of Procedure on Impeachment Trials is void.

Article XI, Section 3(6) of the 1987 Constitution states: “When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. No person shall be convicted without the concurrence of two-thirds of all the Members of the Senate.”

There was no specific rule that says that only a Senate president can preside over an impeachment trial apart from a chief justice.

Gatchalian also explained on Monday that the Senate also amended its impeachment rules to allow a senator other than the Senate president to preside over the trial. Senate Resolution No. 48, adopted on June 3, made this amendment possible.

Duterte-allied senators were absent during the June 3 session. Senator Alan Peter Cayetano has a pending petition with the SC questioning the June 3 session.

The Senate started Duterte’s impeachment trial this week. The upper chamber formally opened the hearings on Monday, with Senate President Win Gatchalian as the initial presiding officer, before being replaced by Escudero after his election.

On Tuesday, July 7, Duterte appeared at the Senate to meet her lawyers but skipped the trial. If convicted, Duterte will be removed from office and perpetually barred from holding a government post. – Rappler.com