By Samantha Yu
MANILA — A group of lawyers aligned with Vice President Sara Duterte has petitioned the Supreme Court to prevent Senate President Francis “Chiz” Escudero from presiding over the vice president’s impeachment trial, arguing that his authority to lead the proceedings is constitutionally flawed.
Led by lawyer Israelito Torreon, the group filed a 16-page Very Urgent Manifestation with Motion seeking either a temporary restraining order (TRO) or a status quo ante order to halt the impeachment proceedings while the issue is being resolved.
The lawyers contended that Escudero’s authority stems from amendments to the Senate’s Rules of Procedure on Impeachment Trials approved during the June 3 session, which they insist were improperly adopted and are themselves under legal challenge before the Supreme Court.
According to the petitioners, if the June 3 proceedings are eventually declared invalid, Escudero’s designation as presiding officer would likewise have no legal basis, placing the entire impeachment process under constitutional uncertainty.
The motion argues that the Constitution authorizes only the Senate President to preside over impeachment trials, except when the President of the Philippines is the respondent, in which case the Chief Justice serves as presiding officer.
“The authority claimed by the presiding officer originates from the very June 3 proceedings now being questioned before this Honorable Court. Should those proceedings be declared void, his authority would likewise be constitutionally doubtful,” the lawyers said in their filing submitted Monday and released to the public on Tuesday.
The disputed amendment arose after Sen. Juan Miguel Zubiri introduced Senate Resolution No. 430, which revised Rule II of the impeachment rules to allow senators, by majority vote, to elect a presiding officer other than the Senate President. The resolution was approved by the Senate on the same day.
Torreon and his fellow petitioners argued that the amendment failed to comply with procedural safeguards, including the required one-day notice before changes to the rules may be adopted. They also maintained that the amendment was approved while the Senate was functioning as a legislative body rather than as an impeachment court.
The lawyers further asserted that lawmakers cannot alter the structure of an already constituted impeachment tribunal through an ordinary legislative proceeding while an impeachment case is pending.
They warned that if Escudero is later found to have lacked constitutional authority, every order, ruling, evidentiary action, and procedural decision issued under his supervision during the impeachment trial could also be called into question.
The petition asks the Supreme Court to suspend the proceedings pending its resolution of the constitutional issues surrounding the Senate’s rule changes.
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