How will the recent Senate shakeup affect Sara Duterte's impeachment trial?
Less than a month after a previous leadership change, the Senate underwent another major reshuffle, with Sen. Sherwin "Win" Gatchalian taking over as Senate President Pro Tempore.
The change came after Gatchalian's bloc secured a quorum on June 3, allowing the Senate to resume session following two days of deadlock caused by the absence of Senate President Alan Peter Cayetano and his allies. Their boycott was a protest against the arrest of Sen. Jinggoy Estrada on plunder charges tied to alleged irregularities in flood control projects.
The standoff halted Senate proceedings and prompted then-minority lawmakers to call for Cayetano's resignation, arguing that his actions violated Senate rules. During the resumed session, Sen. Vicente "Tito" Sotto III moved to declare all leadership positions vacant, triggering a reorganization and committee reshuffle.
Cayetano, however, called the move an "illegal coup d'état" and maintained that he remains the legitimate Senate President.
With these developments, how will the latest Senate shakeup affect Vice President Sara Duterte's impeachment trial, scheduled to begin on July 6?
What does this mean for Duterte's impeachment trial
While political analyst Dr. Froilan Calilung said the Senate leadership change should not affect the impeachment trial itself, he noted that it could have procedural implications. He explained that whoever holds the leadership has significant influence over the chamber's pacing, procedural context, and the scheduling of witnesses. According to him, the Senate may also need to revisit some of the trial's procedures following the shakeup.
"Dahil nga nagkaroon ng changes dito sa mga committee chairmanships, I think they will be compelled to actually take their oath anew," he told PhilSTAR L!fe.
As the Senate adjourned sine die, Malacañang floated the idea of calling a special session to address priority bills, including the Anti-Dynasty Bill and a supplemental fund for sectors affected by the Middle East conflict. However, UP College of Law Assistant Professor Michael Tiu Jr. clarified that senators acting as an impeachment court may still perform key functions even outside regular session conditions.
"They can do anything they would be able to do in a regular session, such as setting the calendar, preliminary evidentiary matters or rulings. But actually, even if not in session, because acting as an impeachment court is an independent matter, they can do anything in that capacity even outside the special session," Tiu told L!fe.
"Perhaps, when in sessions, the most critical step they can do is amend the rules on impeachment," he added.
But will the changes delay the impeachment proceedings? Tiu said it could, but only if competing Senate blocs obstruct the process.
"It will affect it only in the context of the power struggle between competing blocs. They do have to sit together as one impeachment court. If one side obstructs and does not follow the schedule of the sitting, then this can delay the proceedings," he said.
Who can preside over the impeachment?
Gatchalian is currently serving as Senate President Pro Tempore, a position recognized by the House of Representatives and Malacañang. In a press briefing on Thursday, he confirmed that he will preside over the trial because the Senate Presidency is currently vacant. Gatchalian explained that under the newly amended Senate Resolution No. 430, the Senate President typically presides unless the chamber elects someone else by a majority vote, and that he plans to consult with the clerk of court regarding procedures before taking his oath once the session opens.
But can Gatchalian serve as presiding officer even if he is not a lawyer? The experts said yes.
"The only time na hindi siya puwedeng mag-preside eh kung ang i-impeach natin ay presidente. Kasi kapag ang i-impeach natin ay presidente, kinakailangan ang presiding officer is the Chief Justice," Calilung said. He further clarified that when a vice president is the one being impeached, the Constitution imposes no requirement for the presiding officer to be a lawyer.
Nonetheless, Calilung stressed that the Senate remains constitutionally mandated to conduct the impeachment trial, regardless of the revamp.
"Kung ang titignan naman natin nito ay yung constitutionality...gagawin at gagawin nila ito because that is mandated to them by the people and it is enshrined in the Constitution," he added.