The impeachment trial of VP Sara opens after Escudero is elected to preside

By Kaela Patricia B. Gabriel

The Senate on Monday selected Senator Francis Joseph “Chiz” G. Escudero to preside over the trial of Vice-President (VP) Sara Duterte-Carpio, resolving a procedural dispute before prosecutors open their case against the country’s second-highest official.

Senators voted 12-8 to elect Mr. Escudero as president, replacing Senate President Sherwin T. Gatchalian, after a debate on whether the Constitution requires the Senate president to preside.

“As the executive officer, I will do my part to uphold the fairness and integrity of this process, and I will see it through to its proper conclusion,” said Mr. Escudero in Filipino after his election.

Senate Minerals leader Alan Peter S. Cayetano opposed this move, saying that the Constitution appoints the Senate president as the presiding judge in the case of the trial except when the President is being tried, in which case the grand jury can represent him.

“It is very clear in the Constitution that the manager is the president of the Senate,” said Mr. Cayetano, warning that changing the plan could expose him to further legal challenges.

Mr. Escudero is one of two senators from the majority party, the other being Senator Francis Pancratius “Kiko” N. Pangilinan.

Mr. Pangilinan replied that the Constitution does not clearly require the president of the Senate to preside over the proceedings involving officials other than the President.

Senator Panfilo “Ping” M. Lacson later moved to elect Mr. Escudero, his appointment was approved by the chamber.

In his opening speech, Mr. Escudero also fixed another procedural issue by saying that conviction would require at least 16 votes, or two-thirds of the total 24 members of the Senate, despite the absence of other Senate judges.

He said the appellate court will follow the constitution unless the Supreme Court decides otherwise.

The court then proceeded with opening statements after the House prosecution team and the Vice President’s legal team formally appeared.

House of Representatives lead prosecutor and Batangas Representative Gerville R. Luistro said the evidence will show that more than P612 million in secret money entrusted to the Office of the Vice President and the Department of Education was released and spent under questionable circumstances.

He said prosecutors will also present evidence to support other issues in the trial, including allegations of undisclosed wealth, bribery and indecent threats.

Lead defense attorney Sheila C. Sison said the impeachment complaint was constitutionally flawed and cited a 2025 Supreme Court decision that found previous impeachment proceedings in the House amounted to a grave abuse of discretion.

Before the opening statements, Ms. Sison objected to prosecutors’ motion to read four transcripts of the trial and wanted to have each count.

Mr. Escudero decided that the articles will be read when the court votes on each case at the end of the trial.

The trial court also ordered the return to the Bureau of Internal Revenue of the sealed box containing the tax records of Mrs. Duterte and her husband, lawyer Manase R. Carpio, after ruling that the records were not legally admitted as evidence during the trial.

Mrs. Duterte did not attend Monday’s meeting and was represented by her lawyers.

In a statement before the hearing of this case, Mrs. Duterte said the integrity of his impeachment case should be judged in accordance with the Constitution and due process instead of whether he himself takes the witness stand.

He said the Constitution guarantees the defendant’s right to be represented by a lawyer and that deciding whether to testify is a legal strategy.

“Choosing to appear through a lawyer instead of testifying in person does not reduce accountability or lack of transparency,” he said, adding that the burden remains on the prosecutors to prove their case.

Mrs. Duterte said the public debate about whether she should appear in person before the impeachment court is interfering with legal matters.

“The President’s opinion when the case is being tried is not important,” he said. “The trial must be guided by the Constitution and due process.”

He said this after President Ferdinand R. Marcos, Jr. at the weekend saying that the decision of whether the Vice President will personally attend the case rests with him and his legal team, although he added that he would choose to appear if he was in the same position.

‘Without delay’
He is facing allegations including misappropriation of private funds, unexplained wealth, bribery and serious threats against Mr. Marcos, First Lady Marie Louise “Liza” Araneta-Marcos and former Speaker Ferdinand Martin G. Romualdez. He denied these allegations.

A conviction by an impeachment court would disqualify him from office and disqualify him from holding public office in the future.

Also on Monday, the National Union of Peoples’ Lawyers (NUPL) urged the Senate, sitting as a trial court, to proceed with the case without delay, saying that the trial must remain open and not interfered with by politics.

The legal group said the parliamentary judges should treat the hearings as a constitutional process designed to support public accountability rather than political ones.

“We await the presentation of full and unimpeded evidence before the trial court, as well as the Filipino public,” the group said.

NUPL said the Senate should ensure that the case proceeds “fully, transparently, and without delay,” adding that the trial must not be in “private deals or political settlements.”

“The trial court is for the people,” he said. “Impeachment is a constitutional means of holding high-ranking public officials for alleged breach of public trust.”

The group also said that allegations involving secret funds should not be considered unusual, saying that accountability should go beyond a single government official.

“The illegal looting of public funds is not the fault of one official,” he said.

NUPL said it will continue to monitor the trial, adding that the public must be vigilant beyond the trial.

The trial court adjourned at 5:12 pm and is expected to resume hearings at 2 pm on Tuesday. – with Erika Mae P. Sinaking again Mark Joseph M. Sanchez