Sherwin Gatchalian 'prepared' to serve as presiding officer in Sara Duterte impeachment trial

Senate President Sherwin “Win” Gatchalian said Sunday that he is prepared to serve as the presiding officer in the impeachment trial of Vice President Sara Duterte.

“Handa na tayo at patuloy pa tayong naghahanda. Katulad ng sinabi ko marami tayong kinukunsultang mga legal experts, kinukunsulta rin natin ‘yung mga dating may experience na sa impeachment proceedings,” Gatchalian said in an interview on Super Radyo dzBB.

(I am ready, and my preparations are ongoing. As I mentioned, we are consulting numerous legal experts as well as individuals who have prior experience in impeachment proceedings.)

Gatchalian noted that his experience in conducting hearings and handling various procedures will serve him in his role as presiding officer, adding that he is actively consulting his fellow senators.

“Ako rin ay pinaghahandaan ko rin yung kaso itself, may apat na articles at pinag-aaralan natin ‘yung mga isinumite ng prosecution pagdating sa mga ebidensya,” the senator said.

(Personally, I am preparing for the case itself. There are four articles of impeachment, and we are thoroughly reviewing the evidence submitted by the prosecution.)

“Of course pinag-aaralan din natin yung procedures. Ilang araw ko na pinapanood rin ‘yung Corona trial nung 2012 dahil marami kang makikitang mga takbo, kung paano ang takbo ng impeachment,” he added.

(Of course, we are also studying the procedures. For several days now, I have been reviewing the 2012 trial of former Supreme Court Chief Justice Renato Corona because it gives you a clear picture of how an impeachment proceeding flows.)

For the trial proceedings, Gathalian said a major part of the preparation for the impeachment trial lies with the team of impeachment court clerk Atty. Rey Bantug Jr.

Addressing debates over the need for a lawyer to preside, the Senate President said that impeachment is a political process, and they will follow what the rules state.

“Largely ito ay isang political exercise dahil ang ating nililitis ay isang politician at ‘yung mga hukom ay mga senador na hindi naman lahat may legal background pero lahat ay capable,” Gatchalian said.

(Largely, this is a political exercise because the person on trial is a politician and the judges are senators. While not all of us have a legal background, everyone is highly capable.)

“Nakasaad sa rules natin na Senate President ang tatayong presiding officer so ‘yun ang ating direksyon ngayon,” he added.

(Our rules state that the Senate President will serve as the presiding officer, so that is the direction we are heading in right now.)

According to the senator, the issuance of a pre-trial order is scheduled on Monday, June 29, which outlines everything discussed during the pre-trial conference.

The prosecution and defense panels will be given three days to submit their comments, after which they will begin preparing for the formal impeachment trial, Gatchalian added.

Gatchalian said that, in preparation for the trial, the Senate will conduct security dry runs and plan mobility within the premises, adding that a physical setup is expected to be completed on Tuesday, June 30.

Duration of the trial

The impeachment trial of Vice President Duterte is set to start on July 6. Gatchalian affirmed that this schedule is definitive and will no longer be adjusted.

“Sigurado na on July 6, aminado naman kami na very tight ang schedule. Pero pipilitin natin na matapos lahat ng mga preliminaries,” Gatchalian said.

(The July 6 start date is final, though we admit the schedule is very tight. Nevertheless, we will do our best to finish all the preliminaries.)

The estimated duration of the impeachment trial is from seven to eight months, according to Gatchalian.

“Actually sa tantsa namin mga seven to eight months ang impeachment trial. So kung mag-uumpisa tayo ng July baka next February na tayo matatapos,” Gatchalian said.

(We actually estimate that the impeachment trial will last around seven to eight months. So if we begin this July, we might wrap up by next February.)

“Kaya pinag-aaralan din namin kung paano mapabilis ‘yung impeachment trial dahil hindi lang naman impeachment trial ang ginagawa ng senado meron pa tayong mga panukalang batas na pag-uusapan,” he added.

(That is why we are also looking into ways to expedite the trial, because the Senate has other responsibilities; we still have legislative bills to deliberate on.)

A total of 50 Legislative-Executive Development Advisory Council (LEDAC) bills have to be discussed by the Senate, according to Gatchalian, on top of the upcoming heavy budget proceedings in August.

The Senate impeachment court will convene three times a week from Monday to Wednesday.

On Monday, the House prosecutors requested 62 trial dates for the impeachment trial of the Vice President, more than double the 30 days sought by the defense.

Once the trial has started, Gatchalian said that he will consult both panels on the measures to shorten the duration of the impeachment proceedings.

“Kung meron pang mga, let’s say, testigo na pwedeng gawin sa isang araw or paiksiin na lang ‘yung bilang ng testigo. Hihingi kami ng konsultasyon sa pagitan ng prosecution at defense,” Gatchalian added.

(For instance, we are considering whether we can present multiple witnesses in a single day or shorten the witness list altogether. We will seek a consultation between the prosecution and defense panels regarding this.)

Bato and Jinggoy

According to Gatchalian, the Senate has yet to discuss how they will vote in the impeachment trial, considering that Senator Jinggoy Estrada was placed under suspension and Senator Ronald “Bato” Dela Rosa remains in hiding.

According to the rules, two-thirds of all members of the Senate are required to convict an impeachable official. However, debates have arisen over whether that threshold could instead depend on the number of senators who are actually present.

“Ako personally ang lagi kong prinsipyo ay laging sundan kung ano ‘yung nakasaad sa ating Saligang Batas at nakasulat sa ating Saligang Batas, malinaw na two-thirds of all members at ‘yun ang aking, personally, ‘yung ang aking prinsipyo na sundan,” Gatchalian said.

(Personally, my guiding principle has always been to follow whatever is stated in our Constitution. Our Constitution is very clear that two-thirds of all members are required, and that is the principle I personally choose to stand by.)

Gatchalian said the issue can be resolved if it is officially raised by either the prosecution or the defense panels during the trial. —RF, GMA News