MANILA, Philippines — A group of petitioners has formally assailed the authority of Sen. Francis Escudero to preside over the impeachment trial of Vice President Sara Duterte, arguing that his leadership of the tribunal is rooted in "constitutional infirmity."
In a petition filed on July 6, the group, which includes lawyer Israelito Torreon and other individuals, warned that the trial's current trajectory under Escudero's direction puts the entire proceeding at risk of being declared null and void.
The group asked the Supreme Court to issue a Status Quo Ante Order or a temporary restraining order to pause the proceedings, arguing that the trial is currently being overseen by a presiding officer who lacks valid constitutional authority.
According to the petitioners, the deliberations of the 1986 Constitutional Commission show that the framers explicitly intended for the sitting Senate president to preside over all impeachment proceedings, except when the president of the Philippines is on trial, during which the chief justice of the Supreme Court takes the chair.
The group further attacked the validity of the June 3, 2026 amendment to the Rules of Procedure on Impeachment Trials, which introduced the concept of an "elected" presiding officer.
According to the petition, the amendment was procedurally defective because it was adopted without a proper quorum, noting that only 12 of the 24 senators were present during the vote.
Escudero was elected presiding officer of the impeachment court on July 6. Before his election, the move was opposed by the Cayetano siblings, who insisted that the Senate president should preside over the impeachment trial.
Article 11, Section 3(6) of the 1987 Constitution states that when the president of the Philippines is on trial before an impeachment court, the chief justice of the Supreme Court shall preside.
The chief justice, however, cannot vote, unlike senator-judges in an impeachment court.
The Constitution, however, is silent on who should preside over the impeachment court when an impeachable official other than the president is on trial.
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