IN BRIEF: Opening statements, debate over rules mark Duterte impeachment trial Day 1

Cayetano argues about rules on electing presiding officer

In the early part of the trial, senator-judge Alan Peter Cayetano objected to an amendment to the rules of impeachment proceedings, which allowed another senator to be elected as presiding officer of the impeachment court. 

“I want to avoid [this] impeachment trial [being] declared null and void. I want to avoid walkouts; I want to avoid delays. The Senate President (Sherwin Gatchalian) is more than capable. He said he is willing; he said he is ready… So what is the issue? Why do we have to vote for a presiding officer? Why can’t we follow the Constitution?” Cayetano said.

Gatchalian explained that the impeachment court recognizes the amendments made to the rules of impeachment adopted during the June 3 Senate session, in which a quorum of 12 senators was present. He further noted that there were no objections to the amendments at the time.

Senator-judges Tito Sotto and Kiko Pangilinan also pointed out that the Constitution does not specifically say that the Senate President should be the presiding officer for the impeachment trial for the vice president.

Escudero elected presiding officer

In a 12–8 vote, Sen. Chiz Escudero was elected presiding officer of the impeachment court. 

Senators Cayetano, Pia Cayetano, Bong Go, Loren Legarda, Imee Marcos, Robin Padilla, and Mark and Camille Villar voted against Sen. Ping Lacson's motion to elect Escudero.

“Kinikilala ng ating Saligang Batas na may mga opisyal na may hawak ng kapangyarihan at pananagutan na napakabigat. Para sa kanila lamang itinakda ang impeachment bilang tanging paraan para sila ay panagutin,” Escudero said, naming the following officials covered by this law: the president, vice president, members of the Supreme Court, members of the Constitutional Commissions, and the Ombudsman. 

Escudero said that “terminating an elected mandate before the end of its term is among the most drastic acts our constitutional democracy can undertake.” He urged his colleagues to be prudent, cautious, impartial, and to avoid making any public comments about the trial. 

Escudero affirms 16 votes needed for conviction

After Escudero was elected, he said that 16 affirmative votes from senator-judges are needed to convict Duterte in the impeachment trial, citing the Constitution, which states that the concurrence of two-thirds of all m members of the Senate is required.

This comes after Sen. Rodante Marcoleta surrendered to the Sandiganbayan 3rd Division on Monday following an arrest warrant relating to a P75 million plunder charge. Sen. Jinggoy Estrada is also in detention for plunder, while Sen. Bato dela Rosa is in hiding over an International Criminal Court arrest warrant.

Later in the trial, Cayetano asked the impeachment court to consider allowing Estrada and Marcoleta to attend proceedings.

“There’s an argument to be made that the impeachment court is sui generis (of its own kind),” he said.

“Considering if they do not attend at all and cannot vote, their vote will be equal to an acquittal, and as we said from the start, we want justice. We want a fair impeachment trial… Kahit gawin to ni Sen. Marcoleta and Sen. Jinggoy—of course, this is my personal opinion, may politika sa pagkakakulong nila—allowing them to attend here might add to the integrity of the proceeding and actually make things easier when the time comes to make a verdict.”

Senator-judge Raffy Tulfo, on the other hand, proposed that the detained senators may follow the proceedings via TV.

Prosecution on evidence they'll be presenting to court: 'Hindi chismis, hindi haka-haka'

In her opening speech, lead House prosecutor Gerville Luistro emphasized that the proceedings should take place, as it’s essential to hold public officials accountable.

“Kung ang ordinaryong Pilipino ay pinapanagot, bakit hindi ang pinakamakapangyarihang opisyal ng pamahalaan?” Luistro said. “May saysay pa ba ang ating pananagutan sa ating batas?"

She added that the prosecution will present official records and documentary evidence—not “chismis”—to support its case.

"Hindi chismis, hindi haka-haka, hindi propaganda, at lalong hindi socmed narrative," she said, noting that they have financial documents, government reports, video recordings, statements under oath, and independent findings of institutions created by law.

Luistro explained each article of impeachment, stressing that it is about accountability, about the explanation of Duterte’s wealth, and about whether loyalty was purchased.

Defense: Impeachment 'not compliant' with Constitution

Throughout her opening statement, defense lead counsel Sheila Sison slammed the House prosecutors’ “unconstitutional” proceedings, saying the House's attempt to remove Duterte was "in a manner not compliant with the Constitution.”

She cited the Supreme Court’s 2025 unanimous decision that deemed unconstitutional the previous articles of impeachment against Duterte. 

“Impeachment should never be abused,” Sison said. “Otherwise, those who stand in sanctimonious judgment of the vice president will send a clear message that the law can be bent when it suits the convenience of the powerful.”

According to her, there were several points the prosecution did not disclose, including the alleged fact that the contested confidential funds were supposedly approved for release by the Office of the President through a documented approval process. 

She concluded her statement by saying the burden of proof stays with the prosecution. “He who accuses must prove his allegations with evidence,” she said.

Escudero orders return of Duterte’s tax records to BIR

Escudero has ordered the return of the box containing Duterte’s tax records to the Bureau of Internal Revenue, citing that there’s no lawful order issued for the box to be turned over to the Senate.

“The Chair therefore orders that the BIR box—closed, sealed, and as it is received—be sent back to the BIR, without prejudice to any action that the court may take. If a motion will be filed by either party for the issuance of a subpoena, we shall await action by the BIR commissioner should that time come,” he said.

The sealed box contains the income tax returns of Duterte and her husband. It was turned over to the Senate along with the Articles of Impeachment.

During pre-trial, Duterte’s camp agreed to only open the box in an executive session.

The impeachment court has approved a 92-day trial so far, with 62 dates for House of Representatives prosecutors and 30 days for Duterte’s defense team.

If the Senate impeachment court finds her guilty of the charges, Duterte will be removed from her current post and permanently barred from holding public office.