Duterte lawyers question Escudero as impeach trial presider

MANILA, Philippines — Israelito Torreon and eight other lawyers allied with the Dutertes have questioned before the Supreme Court the authority of Sen. Francis “Chiz” Escudero as presiding officer in the impeachment trial of Vice President Sara Duterte.

In their 16-page Very Urgent Manifestation with Motion, the group of lawyers led by Torreon urged the high court to issue a temporary restraining order or status quo ante (“state of affairs previously”) order on the impeachment trial, arguing that its validity should now be questioned with Escudero’s selection as the trial’s presiding officer.

Sen. Alan Peter Cayetano and his sister, Sen. Pia Cayetano, also questioned earlier on Monday the Senate’s choice of Escudero as presiding officer, instead of Senate President Sherwin Gatchalian.

In their petition, Torreon and the other lawyers argued that the Senate’s amendment of the Rules of Procedure on Impeachment Trials was “void,” since its session on June 3 lacked a quorum.

READ: VP trial starts: Escudero presides, sets rules

The bloc led by Gatchalian — which constituted the Senate minority at that time — was joined that day by Escudero, who broke ranks with the bloc led by Cayetano.

Amended Senate rule

Before Escudero joined the Gatchalian bloc, work in the Senate had been effectively suspended by the absence of Cayetano and his allies, who were then the majority.

READ: Escudero maintains: 16 votes needed to convict Sara Duterte

With Escudero on their side, Gatchalian and his allies were able to resume the chamber’s sessions — as they proceeded to reorganize the Senate and amend as well the rules on conducting an impeachment trial.

Sen. Juan Miguel Zubiri then introduced Resolution No. 430, amending Rule II to allow the election of another senator as presiding officer of the trial.

Cayetano and his allies filed a petition for certiorari and prohibition on June 16, questioning the June 3 session led by the Gatchalian bloc.

‘Claimed authority’

According to the petitioners, the amended rule did not comply with proper procedures, including the need for a one-day notice for any such amendment.

Thus, they said, the Senate rules before that amendment stand — only the Senate president can preside over an impeachment trial of any impeachable official other than the president of the Republic.

“The officer [now] presiding over the impeachment [trial] derives his claimed authority from the very June 3, 2026, proceedings whose validity is now pending before this honorable court. If those proceedings are void, then the authority of the presiding officer is necessarily placed under grave constitutional doubt,” the petitioners said.

They also noted the urgency of their petition, citing the trial now in progress.

“Every day of trial conducted under a disputed presiding officer compounds the constitutional injury,” the petitioners said. “A later ruling may not fully undo the institutional and procedural consequences of a trial already allowed to proceed under a constitutionally clouded presiding authority.”

The vice president’s camp had earlier filed two petitions for certiorari and prohibition before the Supreme Court, as they sought to stop the impeachment proceedings at the House of Representatives then — the first on March 27 by Torreon and other lawyers, and the second on April 1 by Duterte herself. /cb /atm