MANILA, Philippines – Mahigpit na ipinagtanggol ni Senator-judge Francis “Kiko” Pangilinan ang pagkakahalal kay Senator-judge Francis “Chiz” Escudero bilang presiding officer ng impeachment court na lilitis kay Vice President Sara Duterte.
Sa pagsisimula ng unang araw ng paglilitis, unang kinuwestiyon ni Senator-judge Alan Peter Cayetano ang isang resolusyon na nagtatakda kay Escudero bilang presiding officer ng impeachment court na labag sa Saligang Batas.
Ngunit, hindi tinanggap ni Pangilinan ang argumento ni Cayetano na natatangi ang Senate president ang siyang dapat umakto bilang presiding officer ng impeachment court alinsunod sa itinakda ng 1987 Constitution.
“Thank you, Senate President. Mr. President, with all due respect, the Constitution does not provide that the Senate President must preside in cases of impeachment trial,” ani Pangilinan.
Aniya, itinakda ng Saligang Batas na kapag Pangulo ng bansa ang sumasailalim sa impeachment tulad ni dating President Joseph Estrada, kailangan ang chief justice ang magiging presiding officer.
“Nowhere in the Constitution, in the provisions on public accountability and impeachment does it say that the Senate President must preside when the Vice President is under trial or any other impeachable officer,” ayon kay Pangilinan.
Paliwanag pa ng senador na dulot ng kawalan nang direktang probisyon sa Saligang Batas na tanging ang Senate president ang siyang dapat maging presiding officer ng impeachment court, pinapayagan naman ang Kongreso na magsagawa ng sarili nitong Rules.
“And precisely because of this, and precisely because the Constitution likewise allows Congress, not the impeachment court, Congress to promulgate its own rules, which is what the Senate did on June 3. We promulgated, we proposed amendments to the rules under our rulemaking power, which, by the way, was subsequently ratified when we convened in a special session on June 17. The June 3 Journal was ratified unanimously on June 17 when we had our special session. And in the June 3 minutes and the Journal, precisely, we approved the amendments to the rules. This was further ratified on June 17. Therefore, it is considered regular. The presumption of regularity now comes into fore,” ayon kay Pangilinan.
“But having said that, Mr. President, the good gentleman from Taguig has brought this matter before the Supreme Court. And we agree with the point earlier raised by the Senate President. This matter should be either discussed in the Senate, in plenary, as a legislative body, or if he has questions which may in fact turn out to be valid, he has brought this matter before the Supreme Court,” ayon pa sa senador na pawang abogado tulad ni Cayetano.
Ayon kay Pangilinan, hindi ang impeachment court ang tamang venue para sa debate hinggil sa nakalatag na isyu sa plenaryo nito. “If there is anyone who is out of order, with due respect, I think the proper process is the matter is pending before the Supreme Court.”
“There is no temporary restraining order. There was a request for a status quo ante order. It was not granted. And therefore, the presumption of regularity behooves us as an impeachment court to proceed,” aniya.
“And finally, Mr. President, allow me to reiterate, the point of order is improper. In fact, the debate on this matter here in the impeachment court is out of order, Mr. President,” ayon pa kay Pangilinan. Ernie Reyes
