Tag Archives: Impeachment

A Tale of Two Presiding Officers

Opinion, , , , ,

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.

Duterte Impeachment – Timing is Everything

Opinion, , , , , ,

Nothing happens in the House of Representatives without the approval or support of the President. So when 215 of its members endorsed the 4th and last impeachment complaint against Vice President Sara Duterte – the largest ever number of endorsements for impeachment in the history of the House, you’d know that the Marcos administration has done its homework, chosen a plan and finally set the ball rolling.

The INC rally was supposed to be a show of force to persuade the Marcos-Romualdez bloc to maintain the status quo, but the recent SWS survey showing 41% of the public supporting the VP’s impeachment and the VP herself suffering a continuing decline to 52% trust rating was enough to convince the administration that it’s time to get it done and over with.

As it has always been in politics, timing is everything. Sending the articles of impeachment to the Senate days before Congress adjourns on Feb 8 puts pressure on Senators who are running for re-election. These Senators are not only up for re-election, but they are also perceived to be friendly to the Dutertes thus making them vulnerable: with considerable public support for the VP’s impeachment, it will be difficult to go on the campaign trail if they would be seen to be defending and voting against Sara Duterte’s removal from office. Also, the impeachment trial would take away their time from campaigning.

Additional pressure comes from the daunting prospects of going against a well-funded administration whose prospects of securing a continuation of the Marcos restoration depend on the results of the 2025 elections.

If all goes well, the Marcos-Romualdez bloc would see more compliant Senators coming in to conduct Sara Duterte’s impeachment trial and give a satisfactory verdict.

This would then give Marcos a chance to nominate his preferred VP – a tantalizing prize for those with ambitions come 2028 – Romualdez, Escudero, Poe.

Ultimately, the Dutertes once more are in the fight for their political survival.