Let Chief Justice preside; teach senators how to judge

The Chief Justice should preside over Vice President Sara Duterte’s impeachment trial.

It shouldn’t be the Senate President, who may succeed as VP if Sara is convicted.

That’s what the Constitution states, University of Asia and the Pacific Institute of Law dean Jeremy Gatdula reminds.

Senator-judges must be taught the rudiments of judicial trial, senator-elect Tito Sotto says. Training must include how to ask questions and weigh evidence.

Gatdula connects two constitutional provisions:

• Article VII, Executive Department, Section 3, “There shall be a Vice President who shall have the same qualifications and term of office and be elected with, and in the same manner, as the President. He may be removed from office in the same manner as the President.”

• Article XI, Accountability of Public Officers, Section 3-(6), “… When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote....”

The framers of the 1987 Constitution sought to avert ulterior motive and bias. More so since the Senate President is next to the VP in line of succession.

Gatdula cites two provisions on succession:

• Article VII, Section 9, “Whenever there is a vacancy in the Office of the Vice President during the term for which he was elected, the President shall nominate a Vice President from among the Members of the Senate and the House of Representatives who shall assume office upon confirmation by a majority vote of all the Members of both Houses of the Congress, voting separately.”

• Section 8, “In case of death, permanent disability, removal from office or resignation of the President, the Vice President shall become the President to serve the unexpired term.

“In case of death, permanent disability, removal from office or resignation of both the President and Vice President, the President of the Senate or, in case of his inability, the Speaker of the House of Representatives, shall then act as President until the President or Vice President shall have been elected and qualified….”

Gatdula says, “The succession provisions of Section 9 can apply. But in the interregnum, Section 8 should kick in, making the Senate President effectively the VP until such time a VP shall have been chosen as provided for in Section 9.

“In short, the Senate President shouldn’t be presiding over a trial in which he is slated to take over, no matter how momentarily, in case of a judgment of removal.”

The interval may not be brief. “After Gloria Arroyo rose to President on Jan. 20, 2001, it took three weeks before Teofisto Guingona was officially installed as Vice President on Feb. 7,” Gatdula recounts.

It was after the removal of impeached President Joseph Estrada by what the Supreme Court called “constructive resignation.” The secretary of National Defense, AFP chief deputies and commanders of the Army, Navy and Air Force withdrew support from Estrada at the height of millions-strong People Power 2. Other Cabinet members then resigned.

Bias of majority senators for Estrada triggered the peaceful revolt, like People Power 1 that toppled dictator Ferdinand Marcos Sr. in 1986. During Estrada’s trial, 11 senators suppressed evidence of plunder.

Presently, senator-judges Robin Padilla and Imee Marcos are junketing in Malaysia with accused Sara. Critics brand as “partiality” their appearances at overseas Filipino workers events.

Padilla, head of ex-president Rody Duterte’s PDP-Laban, publicized Sara and Imee as 2028 presidential-VP running mates. Earlier, Imee traveled with Sara to The Hague to visit Duterte, detained at the International Criminal Court for crimes against humanity.

On their adjourning session June 10, Sen. Joel Villanueva was caught on video coaching Imee to interrupt and silence Minority Sen. Risa Hontiveros. Hontiveros was then questioning Senators Bato dela Rosa and Bong Go for moving to dismiss Sara’s case outright, which should be done by the defendant, not the judge.

“I suggest the present crop of senators, especially the newer ones, to backread our records and debates in the 11th Congress, when the first impeachment was well discussed by Miriam Santiago and others; the reason for the robe and decorum,” Sotto says.

As ex-judge, Santiago (now deceased) mentored her colleagues on the rudiments of trial, evaluation of evidence and examination of witnesses. She briefed them on court rules and procedures, how to ask questions and to look staid.

Senate President Chiz Escudero as Presiding Judge could’ve requested magistrates to give senators a crash course on judgeship, Sotto says. The longest serving senator, five terms, Sotto was Senate President in 2018-2022.

Most of the 24 senators are non-lawyers – movie actors, media celebrities, ex-convicts, political dynasts. During their first terms, they should’ve attended seminars by the Development Academy of the Philippines on the Constitution, legislation and parliamentary procedures. It’s unknown if they actually did.

Sara is facing seven impeachment raps: assassination threats, P612-million malversation, bribery, P2-billion hidden wealth, extrajudicial killings, inciting sedition and abuse of power.

Escudero has delayed trial four months. It may go full blast only after the 20th Congress convenes on July 28. Sara is under orders to submit her defense by June 23.

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