(UPDATE) SEN. Panfilo Lacson on Thursday voiced concern over the possible “absurdity” of the impeachment court being reduced to a mere formality for the acquittal of Vice President Sara Duterte if nine or more of the 24 senator-judges are detained or suspended by the Sandiganbayan.
Ombudsman Jesus Crispin Remulla earlier said that at least nine senators were facing investigation for various corruption and plunder-related issues.
The senator on Thursday raised the need for the Supreme Court to intervene to address the situation. He said that while the Court cannot intervene in the operation of the impeachment court, it can do so if the issue of grave abuse of authority is raised.
He cited the case of Sen. Jinggoy Estrada, who was suspended for 90 days by the anti-graft court. Estrada is detained for plunder and was not allowed to post bail.
“Nothing can be clearer than this. Sen[ator] Jinggoy cannot participate in the impeachment trial of VP Sara Duterte for a period of 90 days,” Lacson wrote on X on Wednesday.
“Ano ang saysay ng impeachment trial kung 15 lang ’yung senator judges na present at pwedeng bumoto? Ano saysay? (For what will the impeachment trial be for if only 15 senator judges can vote, and 16 votes are needed to convict?),” Lacson said in a radio interview on Thursday.
The trial will be a mere formality for acquittal, he said. “I’d rather leave it to the wisdom of the Court to come up with a practical necessity to intervene,” he added.
Lacson said it is better that the Supreme Court rather than the impeachment court settle the question, since it is perceived to be beyond politics.
Presiding officer
Meanwhile, Senate President Sherwin Gatchalian said he will likely preside over the impeachment trial, contrary to earlier reports suggesting that a lawyer member of the Senate impeachment court would do so.
He said the current expectation under existing Senate rules is that the Senate president presides over the impeachment court, but said the senators are still discussing procedural matters and may reach a different decision.
Sources had earlier reported that Sen. Francis Escudero, widely blamed for scuttling the impeachment trial against Duterte in 2025, was picked to be the court’s presiding officer.
But Gatchalian said names raised during Wednesday’s session regarding possible presiding officers were merely manifestations and not formal nominations.
“None of the names mentioned were official. They were only manifestations. The important thing is the election of the members. If you listen to Sen. [Juan Miguel] Zubiri’s motion, it was a manifestation,” he said.
Gatchalian said he was not concerned about petitions pending before the Supreme Court related to the impeachment process, since the Court has yet to issue a temporary restraining order (TRO).
“There is no TRO. If the Supreme Court thinks there is irreparable damage, it will issue a TRO,” he said, adding that Senate work continues in the absence of any court order halting proceedings.
Asked about the threshold for conviction in the impeachment trial, Gatchalian emphasized that the Constitution is clear.
“It is clear that two-thirds of all members are required,” he said.
The Senate president also vowed to adhere strictly to constitutional provisions once the impeachment trial begins.
“I can’t predict what issues will appear there, but as far as I’m concerned, I will uphold what is written under the Constitution,” he said.
Impeachment manager
Lacson said aside from electing a presiding officer, the Senate impeachment court may designate an impeachment manager to ensure the smooth flow of the trial.
The senator on Thursday said the impeachment manager would act as a “quarterback” who will assist the presiding officer, similar to the role of the Senate majority leader.
Lacson said that while the majority bloc had thought of Escudero as presiding officer, it is also considering Sen. Francis Pangilinan as impeachment manager because both are lawyers.
“We are studying appointing an impeachment manager to quarterback the proceedings, especially if the presiding officer is overwhelmed,” Lacson said in Filipino in a radio interview.
He said that the election of the presiding officer would be on July 6, when the impeachment court convenes for the trial.
Lacson said the presiding officer “is just one vote” and he can be overruled by the other senator-judges on the floor.
Pretrial begins
The Senate impeachment court on Thursday began pretrial proceedings for the impeachment trial of the vice president, marking the first official meeting between the prosecution and defense panels ahead of the full trial.
The preliminary conference was presided over by Senate Secretary and Clerk of Court Renato Bantug Jr., together with Deputy Clerks of Court Marivic Laurel-Garcia and Maria Valentina Cruz.
Representing the prosecution was the House of Representatives impeachment panel led by Rep. Gerville Luistro. The defense panel, meanwhile, was headed by lawyer Michael Poa, who appeared on behalf of the vice president.
The pretrial conference serves as the initial procedural stage of the impeachment process, allowing both parties to discuss trial procedures, stipulations of facts, documentary evidence, witness lists and other matters intended to streamline the proceedings before formal hearings begin.
Senate officials said the conference is a preparatory step before the senator-judges convene as an impeachment court to hear the case. During this phase, both sides are expected to address administrative and procedural issues that could affect the conduct of the trial.
The impeachment proceedings against Duterte are among the most closely watched political developments in the country, with the outcome expected to have significant implications for the Philippine political landscape and the remainder of the administration’s term.
Further schedules and procedural directives are expected to be announced following the completion of the pretrial process.
Other business
Also on Thursday, Gatchalian reported productive discussions with minority bloc senators following the opening of the 20th Congress. He said he met with opposition lawmakers who attended the previous day’s session and discussed legislative priorities, including the proposed Anti-Hospital Detention Bill.
He also cited talks with Sen. Loren Legarda on other priority measures and announced committee assignments for several minority senators, including the committees on sports and youth, banking and government corporations.
