Escudero voted as impeachment presiding officer

Senate President Win Gatchalian and Impeachment Court Presiding Officer Francis ‘Chiz’ Escudero are seated at the rostrum as the trial of Vice President Sara Duterte begins with 21 senator-judges present at the session hall on July 6, 2026. (Courtesy: Senate of the Philippines)

Senator Francis ‘Chiz’ Escudero was elected presiding judge of the impeachment court as the trial of Vice President Sara Duterte began on Monday (July 6).

Senator-judges engaged in an hour-long heated floor clash over the election of a presiding officer, with the Cayetano siblings questioning the move.

But according to impeachment court spokesman Reginald Tongol, Escudero’s election was valid and has a legal basis.

He said the arrangement will allow Senate President Sherwin Gatchalian, who still sits beside Escudero during the trial, to focus on his legislative duties.

“When it comes to the impeachment trial, they are equals. There is only a division of labor. We do not want to degrade the Office of the Senate President. Similar to what happened during the impeachment trial of (former President Joseph) Estrada, the presiding officer, who was the Chief Justice, was seated next to the Senate President. They are co-equal on the matter,” Tongol said.

Senator-judges vote in favor of Sen. Chiz Escudero as presiding judge of the impeachment trial. (Courtesy: Senate of the Philippines) 

He said the arrangement will hasten the process, given the technical proceedings of the impeachment court.

“They will help each other with their division of labor. It’s a very amicable and very friendly agreement,” Tongol said.

“I cannot hazard a guess if this will be declared null and void…The majority vote stands and is valid until the Supreme Court says it is not valid,” he added.

Senator Alan Peter Cayetano raised a point of order over the election of a presiding order, arguing that it was the duty of the sitting Senate President.

He underscored the importance of adhering to Constitutional guidelines, adding: “Even if I were chosen as presiding officer, I would not accept it because it is wrong. That is not what is written in the Constitution.”

Senator Pia Cayetano said any amendments to the impeachment rules must happen in the impeachment court.

“Today we disregarded the framers of the Constitution,” she said.

Senator Francis ‘Kiko’ Pangilinan argued the Constitution does not mandate the Senate President to preside over impeachment trials, adding that Congress has the authority to establish its own rules, which were amended and approved during special sessions in June.

Chiz: 16 votes to convict

Escudero, who was elected with 12 votes, vowed to maintain impartiality and constitutional fidelity, affirming his commitment to the integrity of the trial—the first of its kind for a vice president in the Philippines.

“As Presiding Officer, I shall do my part to uphold the fairness and integrity of this process and shall see it through to its proper conclusion,” Escudero said.

“I did not seek nor did I ask for this responsibility. But neither will I shirk from fulfilling this duty without fear or favor,” he added.

“The charter provides that the Senate shall be composed of 24 senators, without a tinge of doubt, two-thirds of the figure or not less than 16 members is an unquestionable compliance with the requisite number of votes mentioned in Section 21 of Article 7,” he said.

“It behooves, therefore, all of us, to observe the same fidelity to the Constitution, in this trial, which affects not only the mere ratification of a treaty, but more so affects the substantial rights of the respondent, as well as the sovereign will of the people as expressed in the overwhelming mandate given to her,” Escudero added.

Escudero, however, said those who disagree with him may take the matter up before the Supreme Court.

Prosecution: Article IV first

The House prosecution panel said it will present first Article IV—which accuses Duterte of uttering death threats against President Ferdinand Marcos Jr., First Lady Liza Marcos and former Speaker Martin Romualdez.

This will be followed by the first (alleged misuse of confidential funds), third (alleged bribery) and second (alleged unexplained wealth) articles of impeachment, prosecutor Rep. Chel Diokno said.

Appearing as public prosecutors for the impeachment trial are 11 members of the House of Representatives including Reps. Chel Diokno (Akbayan), Gerville Luistro (2nd District, Batangas) as lead prosecutor, Leila de Lima (Mamamayang Liberal), Joel Chua (3rd District, Manila), Bel Zamora (San Juan City), Jonathan Keith Flores (2nd District, Bukidnon), Lorenz Defensor (3rd District, Iloilo), Kaka Bag-ao (Dinagat Islands), Rodge Gutierrez (1-Rider), Lordan Suan (1st District, Cagayan de Oro), and Terry Ridon (Bicol Saro). (Courtesy: Senate of the Philippines) 

Escudero approved the request of the prosecution team to require the attendance of lawyer Jeremy Lotoc, regional director of the NBI, and senior NBI agent John Mark Calilung, on July 6, 7 and 8.

The clerk of court said their testimonies are “material, relevant, and necessary to establish the allegations under Article 4 of the articles of impeachment as well as matters necessarily incidental thereto.”

The request also said the witnesses would testify “for purposes of the identification and authentication of other evidence before the impeachment court.”

Defense: Be fair in seeking justice

For her part, Duterte’s lead counsel, Sheila Sison, said the trial must take into account Constitutional safeguards as she called for fairness in the pursuit of justice.

“The prosecution now comes before this court to remove a Vice President chosen by an overwhelming number of the electorate… The clear objective behind these allegations is to oust the Vice President, who was elected by over 32 million Filipinos and is the product of their decision,” Sison said.

Lawyer Sheila Sison leads the defense team of Vice President Sara Duterte. (Courtesy: Senate of the Philippines) 

“Justice includes accountability. Justice includes fairness. Without fairness, there is abuse,” she added.

The Vice President skipped the first day of the trial, opting instead to have her legal defense team represent her.

Sison rejected the prosecution’s request to have Duterte arraigned, arguing that she is properly represented.

BIR box returned

As this developed, the impeachment court ordered the return of the BIR box that reportedly contains the tax records of Duterte and her husband.

It also deferred action on prosecution requests bank and Anti-Money Laundering Council (AMLC) records involving the Vice President and Carpio.

“This box was turned over to the Senate as part of the documents, including the articles of impeachment. However, the court is not yet in custodia legis (in the custody of the law) of this box,” Escudero said.

He said the box had not been marked or offered as evidence, prompting the order to send it back to the BIR “closed, sealed, and as it is received.”

Escudero said the return of the box would be without prejudice to any action the court may take should either party file a motion for the issuance of a subpoena.

The impeachment trial will continue under an initial schedule of Mondays through Wednesdays at 2:00 p.m. until July 27, before shifting to Tuesdays through Thursdays at 3:00 p.m. after the State of the Nation Address within a capped 92-day evidentiary timeline.

The House of Representatives impeached Duterte on May 11 after 257 lawmakers endorsed the verified complaint accusing her of betrayal of public trust, culpable violation of the Constitution, graft and corruption, and other high crimes.

Only a guilty verdict by two-thirds of the bitterly divided Senate can strip Duterte of the vice presidency and permanently bar her from elected office.

— Maricel V. Cruz, Joel E. Zurbano, Katrina Manubay & Pot Chavez