THE designation of Sen. Francis Escudero as the presiding officer in the impeachment trial of Vice President Sara Duterte runs counter to the intent of the framers of the Constitution, and puts the ongoing proceedings at risk of being declared void, an international law expert said Monday.
International law consultant Melissa Loja said the records of the 1986 constitutional commission show that the framers intended the Senate president to preside over all impeachment trials except those involving the president, although that is not explicitly stated in the Constitution.
Loja said an exchange between commissioners Christian Monsod and Hilario Davide Jr. on July 28, 1986 left little doubt on who should preside in all other impeachment cases outside of the president.
“Is it not understood that when the president of the Philippines is on trial, it is the only time when the chief justice of the Supreme Court will preside? Is it necessary to say that the Senate president shall preside during all other times?” Monsod said when Davide proposed an amendment to include the sentence “In all other cases, the president of the Senate shall preside.” Upon hearing the clarification, however, Davide withdrew his proposed amendment.
Loja said this exchange was significant because the Supreme Court has repeatedly relied on the framers’ deliberations in interpreting constitutional provisions.
She also argued that while the Constitution authorizes the Senate to adopt its own impeachment rules, that authority does not extend to changing or overriding the Constitution itself.
“Hence, any rule that the Senate adopted which is contrary to the Constitution is void,” Loja told The Manila Times.
Loja maintained that the Senate rule allowing Escudero to preside over the impeachment trial despite the constitutional intent is invalid, and any proceedings conducted under such a rule could be questioned as legally defective.
She said the presiding officer exercises critical powers during the trial, including issuing rulings on objections and procedural matters, and that if the officer’s authority is unconstitutional, those rulings would be void ab initio or from the beginning.
Loja warned that the Senate majority faces the risk of having the impeachment trial invalidated if it continues under what she described as an unconstitutional rule governing the presiding officer.
