The Chief Justice must oversee Vice President Sara Duterte’s impeachment proceedings.
It shouldn't be the Senate President, who might step up asVP should Sara face conviction.
As stated in the Constitution, University of Asia and the Pacific Institute of Law Dean Jeremy Gatdula points out.
Senator-elect Tito Sotto states that newly appointed senator-judges should undergo training in basic judicial proceedings. This instruction ought to encompass learning how to pose questions effectively as well as evaluate evidence.
Gatdula links two articles of the constitution:
• Article VII, concerning the Executive Department, under Section 3 states, "A Vice President will serve in this capacity provided they meet identical prerequisites and tenure duration as the President. The election process for both positions must also occur concurrently using similar procedures. Removal proceedings against them should follow those established for the removal of the President."
• Article XI, Accountability of Public Officials, Section 3-(6), “... If the President of the Philippines is undergoing impeachment proceedings, the Chief Justice of the Supreme Court will oversee the trial but will not have a voting right....”
The creators of the 1987 Constitution aimed to prevent hidden agendas and partiality. This was particularly important as the Senate President follows closely behind the Vice President in the order of succession.
Gatdula refers to two clauses concerning inheritance:
• Article VII, Section 9 states, "In case there is an opening in the position of Vice President during his elected term, the President must appoint a new Vice President from either the group within the Senate or those serving in the House of Representatives. This appointment will take effect after being approved by more than half of the total members of each chamber of Congress through separate votes."
• Section 8, "If the President dies, becomes permanently disabled, is removed from office, or resigns, the Vice President will take over as President to complete the remaining term."
In the event of the death, permanent disablement, removal from office, or resignation of both the President and Vice President, the role of acting President will fall upon the President of the Senate; should they be unable to assume this position, it would then go to the Speaker of the House of Representatives. This interim leadership will continue until a new President or Vice President has been duly elected and sworn into office...
Gatdula states, "The inheritance rules outlined in Section 9 could be applicable. However, during this interim period, Section 8 would take effect, thereby positioning the Senate President as the acting Vice President until a new Vice President is selected according to the guidelines set out in Section 9."
In brief, the Senate President should not oversee a trial where he is set to step in temporarily, in the event of a removal verdict.
The duration might not be short. As recounted by Gatdula, "When Gloria Macapagal Arroyo became president on January 20, 2001, it took about three weeks until Teofisto Guingona was formally sworn in as vice president on February 7."
After the ousting of impeached President Joseph Estrada through what the Supreme Court termed as "constructive resignation," the Secretary of National Defense along with the chiefs of staff for both military branches—the AFP, Army, Navy, and Air Force—pulled their backing from Estrada amid massive People Power 2 demonstrations involving millions. Following this shift, several cabinet officials tendered their resignations.
The bias of most senators towards Estrada sparked a peaceful uprising similar to People Power 1, which removed dictator Ferdinand Marcos Sr. in 1986. Throughout Estrada’s impeachment process, 11 senators downplayed proof of looting.
Currently, Senator-Judge Robin Padilla and Senator Imee Marcos are touring Malaysia along with accused Sara. Their participation in events for Overseas Filipino Workers has been labeled as showing "bias" by critics.
Padilla, who leads President Rody Duterte’s PDP-Laban party, announced that Sara and Imee will be the 2028 presidential-Vice Presidential candidates. Previously, Imee accompanied Sara on a trip to The Hague where they visited Duterte, who is being held at the International Criminal Court for alleged crimes against humanity.
During their recess meeting on June 10, Senator Joel Villanueva was recorded instructing Imee to cut off and drown out Minority Senator Risa Hontiveros. At this point, Hontiveros was challenging Senators Bato dela Rosa and Bong Go for attempting to immediately dismiss Sara’s case without due process; such action should come from the defendant rather than the judge.
"I recommend that the current batch of senators, particularly those who are new, review the proceedings and discussions from the 11th Congress. Specifically, they should look into how Senator Miriam Santiago and others debated the initial impeachment process and addressed the reasons behind the robes and protocols," according to Sotto.
As a former judge, Santiago (who has passed away) guided her peers in the basics of conducting trials, assessing evidence, and questioning witnesses. She familiarized them with courtroom regulations and protocols, taught them how to pose inquiries effectively, and emphasized maintaining composure.
Senate President Chiz Escudero, acting as the Presiding Judge, could have asked magistrates to provide senators with an intensive training session on becoming judges, according to Sotto. As the longest-serving senator with five terms under his belt, Sotto held the position of Senate President from 2018 to 2022.
A majority of the 24 senators come from backgrounds such as film acting, media stardom, former convictions, and political families—few are lawyers. They were supposed to participate in seminars organized by the Development Academy of the Philippines during their initial tenure to learn about the Constitution, legislative processes, and parliamentary rules. However, it remains unclear whether these sessions took place as intended.
Sara is currently dealing with seven impeachment charges: death threats, embezzlement involving ₱612 million, bribery, undisclosed assets worth ₱2 billion, extrajudicial executions, incitement to rebellion, and misuse of authority.
Escudero has postponed the trial for four months. The proceedings might intensify fully once the 20th Congress begins on July 28. Sara has been instructed to present her defense by June 23.
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