The Vice President’s impeachment trial started in an emotional, “I’m from Ateneo / UP Law, so shut up!” ruckus by the Cayetano siblings over the motion to elect Sen Chiz Escudero as the Impeachment trial’s Presiding officer. That was their first formal challenge to the new majority and directly against Senate President Win Gatchalian’s authority.
Senate President Win Gatchalian may be a veteran Senator, but he’s not a lawyer and this handicap would certainly be exploited by the Cayetanos to influence the Impeachment trial proceedings in a way that will benefit their ally the Vice President. We clearly saw that yesterday.
The Impeachment trial is not a purely legal exercise, it is also a political one, the public will be watching the trial from start to finish, and in politics optics matter. So when we saw Senate President Gatchalian move aside, figuratively and literally, to make room for Sen Chiz Escudero as the Presiding Officer of the Impeachment trial, it is tacit admission of this handicap. It is now a smear on the Senate Presidency of Win Gatchalian.
However, as demonstrated by the troublesome Cayetano siblings, such a move, a sacrifice even, by Senate President Gatchalian was the right move. Say what you will of Sen Chiz Escudero’s shrewdness, but he certainly has the legal skills and wits to keep the Cayetano siblings in check, and the impeachment trial from going off the rails.
Besides, while the Constitution is clear that the Chief Justice of the Supreme Court shall preside over the impeachment trial of the President, it doesn’t say that the Senate President shall preside over impeachment trials of other impeachable officers. Granted that the intention of the framers of the Constitution recognized that the Senate President will preside over the impeachment trial of other impeachable officers as he is the default presiding officer of the Senate, nothing stops the Senate President from appointing another Senator to become the presiding officer as it is common practice in the Senate’s performance of its legislative functions. The election of Sen Chiz Escudero as presiding officer of the impeachment trial of the Vice President is just an affirmation of the Senate President’s power to delegate.
At the end of the day, that’s what is important for the public: to have an impeachment trial that would be as fair, orderly and sensible as possible, so that the Vice President would be given the opportunity to be heard and defend herself.
By giving the Vice President due process, we reaffirm our commitment to the rule of law, democracy and respect for human rights, the very principles that the Dutertes stand opposite of.
