Constitution framer: SC unlikely to intervene in Senate vote for Chiz as presiding officer

One of the framers of the 1987 Constitution expressed belief Tuesday that the Supreme Court will keep its hands off the election of Senator Francis "Chiz" Escudero as the presiding officer of the Senate impeachment court for the trial of Vice President Sara Duterte.

Former Supreme Court associate justice Adolfo Azcuna spoke on the issue amid the legal challenge mounted by Atty. Israelito Torreon, counsel for several allies of the Duterte family, and other lawyers questioning Escudero's authority to preside over the proceedings.

Azcuna said that the matter is within the Senate's jurisdiction.

"Sa tingin ko hindi siguro makilahok ang Supreme Court sa ngayon dahil ito 'yung mga bagay na ito ay dapat ipabuya sa Senado. These are matters that the Senate can easily provide for, according to the rules that the Constitution says that the Senate can adopt," Azcuna said in an interview with GMA News.

(I think the Supreme Court will not intervene for now because this matter should be left to the Senate. These are matters that the Senate can easily provide for, according to the rules that the Constitution says that the Senate can adopt.)

In a very urgent manifestation with motion filed on Monday, July 6, the lawyers asked the SC to issue a status quo ante order barring the impeachment court and its officers from proceeding with the trial until the question over Escudero's authority to preside has been resolved.

The petitioners also asked the SC to issue orders ensuring that the trial proceeds only under Rules of Procedure on Impeachment Trials that were validly adopted and under a presiding officer whose authority is free from any unresolved constitutional challenge.

Escudero was nominated as presiding officer by Senator Panfilo Lacson amid the opposition of Minority Leader Alan Peter Cayetano and the minority bloc.

Senators Kiko Pangilinan and former Senate President Tito Sotto have said there is no explicit constitutional provision mandating that the Senate President should be the presiding officer of the impeachment trial.

For his part, Azcuna said the Senate President can yield the chair to any member he desires.

"It is up to the Senate to adopt according to its rules. It is also up to the Senate President and parliamentary practice, the Senate President can yield the chair to any other member as he desires," he added.

Cayetano had argued that the amendment allowing a non-Senate President to preside is void. — VDV, GMA News