Chiz Escudero may sit as presiding officer again for Duterte impeachment trial: What is he expected to do?

The Senate majority bloc amended the rules of impeachment to allow any senator, not just the Senate president, to be elected as the presiding officer.

Following the amendment, the bloc is considering electing Senator Chiz Escudero to preside over the upcoming second impeachment trial of Vice President Sara Duterte, scheduled to convene on July 6.

For Escudero to preside, an adjustment of the Senate rules was necessary. Per Article XI, Section 3 of the Constitution, the chief justice of the Supreme Court is tasked to preside over any impeachment case involving the president of the Philippines. For all other officials, like the vice president, the trial were to be presided over by the Senate President. This was what the majority bloc sought to revise. 

To change this, Senator Juan Miguel Zubiri last June 3 introduced a resolution amending Rule II, stating: "The President of the Senate shall preside in all other cases of impeachment [and] unless the Senate, by a majority vote of the members present, elects another senator as the presiding officer." The resolution takes effect immediately upon official publication.

The presiding officer role

If elected by the majority, Escudero will act as the presiding judge of Duterte's trial. According to the Senate’s Rules of Procedure on Impeachment Trials, his role gives him the sole authority to organize pre-trial conferences, set the daily calendar, and sign all official legal orders.

Unlike a Supreme Court Chief Justice—who is constitutionally barred from voting when presiding over a president's trial—the presiding officer will maintain his full voting power as a sitting senator. He will manage the daily courtroom decorum and have the power to hold disruptive parties in contempt. Moreover, because he is a peer to the other senator-judges, any of his legal rulings can be challenged and overturned by a majority vote of the Senate floor.

Cautious endorsement

Lacson on June 17 told media that while the bloc consensus favors Escudero due to his legal background and experience, the decision is not final. He clarified there was no pressure from Malacañang or political deals involved.

"Kami-kami 'yun nag-usap, para lang maging smooth [ang trial]," Lacson said. "Kasi alam niyo, 'pag ikaw ang nagpe-preside, kailangan talaga meron kang hindi basic knowledge sa law, 'yung rules of court, evidence..."

Former Senate President Tito Sotto noted this trial is a "good chance" for Escudero to show impartiality and redeem his image from the 2025 trial, where he faced accusations of delaying the proceedings.

"I think it'll be a good chance for him to show his impartiality, and his chance to get back at the problem they had during that time that there was an impeachment over a year ago. This is a good chance for him to be able to clean up that image that they painted," Sotto told Pinky Webb on Bilyonaryo News Channel's On Point.

Additionally, Senate President Win Gatchalian was more circumspect about Escudero's possible return to the presiding officer bench. During a press briefing on June 18, Gatchalian told the press he does not want to "preempt" the discussion and that "right now, as it stands in the the rules," he will preside the impeachment trial.

Meanwhile, President Ferdinand Marcos Jr. expressed his confidence in Escudero's capabilities. The president saw no issues with the former Senate president leading the impeachment court, saying, “the rules that were adopted by the Senate were the rules that Senator Chiz wrote during last year's impeachment, when they were handling the last year's impeachment complaint."

"In terms of his ability to be able to run the trial, I don't think that's in doubt,” Marcos added. "If you remember, the reason that the impeachment trial last year came to a stop was because of the Supreme Court decision. And that had nothing to do with Senator Chiz."

'Forthwith'

Escudero's first run as impeachment trial presiding officer ended with Duterte's articles of impeachment being sent back to the House due to "constitutional infirmities," as described by Duterte's legal team. 

Prior to this, Escudero figured in controversy for his use of the word "forthwith" in determining the start of the impeachment trial. 

As he asked for more time to prepare for the trial, he cited Article XI Section 3(4) in the Constitution, which says, 'Trial by the Senate shall forthwith proceed' after the House of Representatives transmits the verified articles of impeachment." 

The former Senate president defined "forthwith" as "within a reasonable time," which the Supreme Court clarified to mean “within a reasonable time, which may be longer or shorter" when it comes to impeachment cases.

The SC eventually voided Duterte's first impeachment case, ruling it unconstitutional.