MANILA – The first day of the impeachment trial of Vice President Sara Duterte-Carpio started yesterday, July 6. She opted to skip it.
Senator-judge Francis “Chiz” Escudero was elected as the Impeachment Court presiding officer after vehement opposition from siblings Sen. Alan Peter Cayetano and Sen. Pia Cayetano, his former allies in the Senate minority bloc.
After his designation, Escudero declared that the Vice President may only be convicted if at least 16 senator-judges vote in favor of conviction, citing the 1987 Constitution’s requirement for a two-thirds vote of the Senate impeachment court.
Escudero explained that the constitutional provision is based on the Senate’s full membership of 24 senators, regardless of vacancies or members who are unable to participate.
“With 24 members of the Senate, a literal interpretation of this means that conviction requires the affirmative vote of at least 16 senator-judges,” Escudero said.
He pointed to the Supreme Court’s ruling in the 2000 Bayan vs Zamora case, saying it supports the interpretation that two-thirds of the Senate means 16 votes.
“The Court held: The Charter provides that the Senate shall be composed of 24 senators, without a tinge of doubt, two-thirds of the figure or not less than 16 members is an unquestionable compliance with the requisite number of votes mentioned in Section 21 of Article 7,” he said.
Escudero said the ruling remains binding and should be followed throughout the impeachment proceedings.
“It behooves therefore all of us to observe the same fidelity with the Constitution in this trial, which affects not only the mere ratification of a treaty, but more so affects the substantial rights of the respondent, as well as the sovereign will of the people as expressed in the overwhelming mandate given to her,” he added.
“This is the prevailing law today. And whether we agree with it or not, we must abide by it,” Escudero said.
His remarks came as the Senate formally convened as an impeachment court despite the absence of several senator-judges, including Sen. Rodante Marcoleta, who was arrested earlier in the day on plunder charges.
Sen. Jinggoy Estrada remains under a 90-day suspension following his own arrest on separate plunder charges, while Sen. Ronald “Bato” Dela Rosa is reportedly evading arrest over an International Criminal Court warrant.
Escudero was elected presiding officer upon the nomination of Sen. Panfilo Lacson. He previously served as presiding officer during the 2025 impeachment proceedings while he was Senate president.
Addressing the impeachment court, Escudero urged his fellow senator-judges to faithfully uphold the Constitution throughout the proceedings.
“As presiding officer, I shall do my part to uphold the fairness and integrity of this process, and shall see it through to its proper conclusion,” he said.
Escudero also stressed that he did not campaign for the position.
Meanwhile, Vice President Sara Duterte-Carpio did not personally attend the opening of her impeachment trial, choosing instead to be represented by her legal team.
Her lawyer, Atty. Michael Poa, said the Vice President exercised her right under the impeachment rules to appear through counsel.
“Naglabas ng statement ang ating Bise Presidente that she has chosen to appear by counsel today in accordance with the impeachment rules,” Poa said.
“Kaparatan naman niya po ‘yun that her appearance be made through her counsel. Sa ngayon, masasabi natin na ‘di na sya mag-a-attend today,” he added.
In an earlier statement, Duterte-Carpio defended her decision, saying personal testimony is a matter of legal strategy.
“Choosing to appear through counsel rather than testify personally does not diminish accountability or imply a lack of transparency. The integrity of an impeachment trial depends on adherence to the rule of law – not on whether the respondent personally takes the stand,” Duterte-Carpio said.
She also dismissed President Ferdinand Marcos Jr.’s earlier comment that he would personally appear before the impeachment court if he were facing impeachment.
“The opinion of a President in an impeachment proceeding is of no importance. Impeachment proceedings must be guided by the Constitution and due process,” Duterte-Carpio said.
“At all times, public officials are best served by keeping their personal opinions to themselves and relying instead on the law, established policies, scientific evidence, and objective facts when addressing matters of public concern,” she added.
In a related development, Escudero ordered the return of the so-called “BIR box” containing the tax records of Duterte-Carpio and her husband, Mans Carpio, to the Bureau of Internal Revenue (BIR).
Escudero said the court was not in custody of the box because there was no order for these documents 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,” Escudero said on the first day of the impeachment trial.
“If a motion will be filed by either party for the issuance of a subpoena, and we shall await action, if any, by the BIR commissioner should the time come,” Escudero said.
The prosecution panel earlier sought to open the box during the pre-trial briefing to inventory its contents.
Duterte-Carpio is facing impeachment over allegations of culpable violation of the Constitution, graft and corruption, bribery, betrayal of public trust, and other high crimes.
The House of Representatives approved the latest Articles of Impeachment in May 2026, marking the second impeachment complaint filed against her after the first case in 2025 was declared unconstitutional by the Supreme Court./PN
