Escudero ‘worst choice’ as impeachment presider

Senator Chiz Escudero is being touted as presiding officer of VP Sara Duterte’s impeachment trial. Meaning, he, instead of Senate President Sherwin Gatchalian, is to chair the proceedings.

But Escudero has been weighed and found wanting in that role. He gained notoriety in 2025 for delaying Sara’s trial five long months. As the classic Filipino film goes, “Tinimbang [Siya] Ngunit Kulang.”

Suspicion paints Escudero’s promotion as presider. Is it in exchange for his switching sides June 3 to depose Alan Cayetano as Senate president and install Gatchalian? Is it a sly tilting of Sara’s second trial in her favor? What happens to the ombudsman’s P586-million flood control plunder rap which Escudero disavows?

Escudero is not without advocates. UP Law associate dean and constitutionalist Paolo Tamase cited four reasons to “give Chiz a chance” in a dzMM interview:

(1) He being a lawyer has a sense of what is procedurally correct and incorrect;

(2) Historically, lawyers presided over two impeachment trials: Chief Justice Hilario Davide for that of President Joseph Estrada and SP Juan Ponce Enrile for that of CJ Renato Corona;

(3) Escudero had no choice but to defer Sara’s 2025 trial because the majority then, like him, felt that they couldn’t proceed while the Senate was in recess;

(4) If Escudero becomes too rigid or too lax, the majority can overrule him.

Civil society and youth groups shudder at the sudden acclaim for Escudero. He is “most imperfect, most dangerous” for the job, said 1Sambayan, August Twenty One Movement, Student Council Alliance of the Philippines, Youth Against Kurakot, Pandayan Para sa Sosyalistang Pilipinas and Prayer Battalion.

Retired Supreme Court justice Antonio Carpio and trial lawyer Howard Calleja lead 1Sambayan. A signatory is Fr. Flavie Villanueva, 2025 Ramon Magsaysay Awardee.

Critics cite Escudero’s many delaying tactics as inability to discern procedural correctness. He defied the Constitution’s order for the Senate to commence trial “forthwith” upon receipt of the House’s Articles of Impeachment.

His first alibi was that the House voted to impeach Sara and transmit the Articles on Congress’ last session day, Feb. 5, 2025, before adjournment. He then quibbled over Sara loyalist Senator Bato dela Rosa’s premature motion to dismiss the raps even before the Senate was constituted as impeachment court. He entertained the motion of Sara loyalist Cayetano to remand the Articles to the House, again in defiance of the mandate to try the case “forthwith.”

Black’s Law Dictionary defines terms and phrases of American and English Jurisprudence, Ancient and Modern. In it, “forthwith” means “immediately; without delay, directly, hence within a reasonable time under the circumstances of the case; promptly and with reasonable dispatch.”

Forthwith is “agad” in the Constitution’s official Filipino translation.

The Constitution does not say that a lawyer-senator must preside over an impeachment trial. Lawyer Davide presided over Estrada’s trial because the Constitution says the CJ must do so in case the president is impeached. Lawyer Enrile presided over CJ Corona’s trial because he happened to be SP then.

Neither does the Constitution require SPs to be lawyers. Gatchalian is not the first non-lawyer to become SP. Non-lawyer predecessors include Blas Ople, Manny Villar, Jinggoy Estrada, Tito Sotto, Migz Zubiri.

The Senate majority has set Sara’s trial for July 6 onwards, while the Senate is in recess as a legislature. If for Escudero it was wrong to commence trial during last year’s recess, then why does he think otherwise today? Does that reflect an attitude as a lawyer to cook up an argument any which way? Filipinos quip that a group of 10 lawyers will come up with 11 opinions.

If only lawyer-senators can preside over impeachments, then why limit the choice to Escudero? Why not Alan or Pia Cayetano? Or Rodante Marcoleta who is facing an ombudsman complaint for P75-million plunder and bribery, which he denies? Why not Sen. Kiko Pangilinan who, at 62, is senior in age and lawyerly experience to Escudero, 56?

Speaking of which, Pangilinan is being relegated to mere impeachment manager. An impeachment manager’s role is like that of a majority leader. This too does not need a lawyer. During Erap’s trial, the majority leader and impeachment manager was Kit Tatad. During Corona’s trial, it was Tito Sotto.

The House impeached Sara for:

• P612-million malversation of OVP and DepEd confidential funds, including payments to dozens of fictitious persons like Mary Grace Piattos, Chippy McDonald, Fernando Tempura, Carlos Oishi, Amoy Liu;

• Unexplained wealth, including P6.77-billion deposits and withdrawals in undeclared bank accounts;

• Bribery of OVP and DepEd procurement officers;

• Assassination threats against President Bongbong Marcos, First Lady Liza Araneta and ex-Speaker Martin Romualdez.

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