MANILA — Lawyers allied with Vice President Sara Duterte-Carpio have asked the Supreme Court to immediately halt her ongoing Senate impeachment trial, arguing that the proceedings are constitutionally flawed because of questions surrounding the impeachment rules and the authority of Senate President Francis Escudero to preside over the case.
In a very urgent manifestation with motion, the legal team led by lawyer Israelito Torreon sought the issuance of a status quo ante order or other interim relief to suspend the impeachment proceedings while constitutional issues are being resolved.
The motion is connected to an earlier petition filed by Torreon and Duterte-Carpio in March seeking to nullify the impeachment complaints.
The petitioners argued that the impeachment trial should proceed only under rules that were validly adopted and before a presiding officer whose authority is free from constitutional questions.
“Petitioners thus respectfully submit that a temporary restraining order, status quo ante order, or other appropriate interim relief is warranted to ensure that the impeachment trial proceeds, if at all, only under Rules of Procedure on Impeachment Trials validly adopted and only under a presiding officer whose authority to preside is not under serious and unresolved constitutional challenge,” they said.
The lawyers also questioned the validity of the Senate proceedings on June 3, 2026, which resulted in the election of Sen. Sherwin Gatchalian as Senate President, amendments to the impeachment rules, and the designation of Escudero as presiding officer.
According to the petitioners, those actions directly affect the legality of the impeachment trial.
“Otherwise, constitutional review may be reduced to an after-the-fact pronouncement on proceedings that have already moved forward under a cloud of illegality,” they said.
The petition likewise cited the deliberations of the 1986 Constitutional Commission, arguing that the framers of the Constitution intended the Senate President—not any other officer—to preside over impeachment trials involving officials other than the President.
“It was withdrawn because the Committee clarified that the text already carried that meaning: the Chief Justice presides only when the President is on trial; in all other impeachment cases, including the impeachment trial of the Vice President, the Senate President presides,” the petitioners said.
The Senate impeachment court acknowledged the filing but declined to comment on its merits, citing the sub judice rule.
“As the presiding officer said and was confirmed earlier, any person can raise the matter. Pwede po nilang i-exhaust ‘yung kanilang mga legal remedies, and ‘yun po ang nakita natin,” Senate impeachment court spokesperson Atty. Reginald Tongol said.
“But since meron na pong kaso sa Supreme Court ‘yun, we will respect the sub judice rule and hindi na po magko-comment ang impeachment court regarding that matter.”
“Ayaw ko pong pangunahan kung ano ang magiging action ng ating mga senator-judges at ng impeachment court. I think we just have to wait for it when the time comes. We will cross the bridge when we get there,” Tongol added./PN
