SP Gatchalian moves to strike Sen. Alan Cayetano's remarks on Sen. Escudero's bank record — GMA News

[0:01] The majority, those who are in favor, has it. [0:08] The court resolves to elect Senator Cis Scudero as presiding officer of the impeachment court. [0:15] The duly elected presiding officer shall, under the same oath taken on May 18, 2026, [0:21] immediately assume and exercise all powers, functions, duties, and prerogatives [0:26] pertaining to or vested in a person presiding over the impeachment trial [0:32] under the rules of procedure on impeachment trials as amended [0:36] and shall give full effect to the powers inherent to the courts [0:40] under Rule 135, Section 5 of the Rules of the Court. [0:46] Mr. President, may I now explain my vote? [0:48] You are allowed to explain your vote. [0:49] Mr. President, first of all, we cannot violate the Constitution. [0:54] We put the whole impeachment trial at risk here. [0:58] What Senator Tito Soto, former Senate President, [1:01] what his staff did not tell him is that there is such a thing as [1:04] procedural due process, and that who presides goes into due process and fairness. [1:13] The Latin term that he mentioned was for enumerations, [1:18] that when there are enumerations at Hindi Casaledon, [1:20] in this case there was a statement that in only one case it would be the chief justice [1:29] because a member of the Constitutional Commission who became chief justice, Davide, [1:36] was going to amend precisely the Constitution to state the Senate President shall preside. [1:42] But upon explanation by the sponsor that it is understood that it is the Senate President, [1:53] then it should be the Senate President. [1:54] And doon sa sinabi ni Senate President Soto that ang gusto ng tao ay mag-umpisa na. [2:02] Precisely, kanina pa dapat tayo nag-umpisa kung nag-preside ang Senate President. [2:06] Secondly, this is when you have threshold issues, issues that go into due process fairness, [2:13] if we're going to say that ang gusto ng tao ay-convict na lang, then let's just blurt it out. [2:17] Now, if we're going to say we want a fair trial, let's make sure that every aspect of this trial is fair. [2:26] So that's why, Mr. President, if you read the rules, [2:30] the presiding officer shall have the power to make an issue by himself or by the Secretary of the Senate [2:34] all orders, mandates, writs authorized by these rules of the Senate [2:39] and make and enforce such other regulations, orders, premises that the Senate may authorize or provide. [2:45] Nandito din, Mr. President, that the Senate President may by himself [2:51] or bottom line, Mr. President, pwedeng mag-decide ang Senate President o sa atin. [3:01] And Mr. President, there are issues that goes into fairness. [3:05] You know, the AMLA will be a witness here. [3:10] And I have information that the 20 years' AMLA records of Senator Escudero [3:16] and his credit cards and bank accounts were all opened up in the office of the Senate President [3:22] where members of the Blue Ribbon Committee was here. [3:26] Then we're going to ask him to preside. [3:29] So there's a problem. [3:30] This is my explanation. [3:31] My... [3:32] This is my explanation. [3:33] This is my explanation. [3:34] To the gentleman... [3:35] This is factual and this is my explanation. [3:38] So I will stop there. [3:39] With all due respect, your statement's already out of order. [3:43] It has nothing to do with the topic on hand. [3:45] No, Mr. President... [3:46] And the presiding officer will strike off the... [3:49] It has all to do with this... [3:51] It will strike off... [3:52] It has all to do... [3:53] The statements... [3:54] Mr. President... [3:55] ...pertaining to Senator Escudero. [3:57] Mr. President, caibigan ko si Senator Escudero. [3:59] I direct the stenographers to strike off these statements. [4:01] He is the victim here. [4:03] He is... [4:03] I'm not doubting him. [4:04] I'm not doubting he will be fair. [4:06] I am saying... [4:07] We will... [4:08] Do we want a fair trial or not, Mr. President? [4:09] Session for a few minutes to request the presiding officer, Senator Cis Escudero, to ascend the roast room. [4:17] Session suspended. [4:18] Mr. President, on this issue, still on this issue. [4:30] Alright, well, Professor, nakita natin. [4:31] So, on a vote of 12-8, si Senator Cis Escudero has been elected as presiding officer of the impeachment trial. [4:39] Napakinggan natin, Professor, yung naging argumento ng dalawang panig. [4:42] Ano po sa tingin nyo ang nananaig? May tama, may mali? Okay lang ba na nag-elect ng ibang presiding officer? [4:51] I think yung hindi natin napag-uusapan or hindi napag-debatihan is, well, una, clear talaga in the constitutional text na yung presiding officer tinatakda lang ng saligang batas for trial of a president. [5:04] So, pag Chief Justice, hindi naman, or yung Chief Justice yung nagpe-preside doon, no one mentioned in the whole debate that there is a provision in Article 11, Section 3, [5:17] which says that the Senate shall promulgate its rules of procedure to implement the impeachment provisions. [5:24] So, if yung commitment ng saligang batas natin mismo is, yung Senate and all other things, kayo magde-decide kung paano nyo patatakbuhin yung trial, [5:31] then the issuance of rules that allow for the selection of a different presiding officer should be above board as long as pumasa siya doon sa proseso ng pagpapasa ng patakaram or rules ng Senado. [5:44] So, I think, nakita natin yung tagisan between yung discussions on the constitutional framers. [5:52] One thing that, and medyo nalungkot ako doon sa UP versus Ateneo, I've been lucky to teach in both schools. [5:58] And I think the common teaching is that, look at the text first. [6:02] What does the text say? [6:03] And only kapag hindi malinaw yung text, that's the only time you look at the framers. [6:08] And even then, yung framers ng constitution natin, they are important, but hindi sila yung final word on what the constitution means. [6:15] There's an old case, Civil Liberties Union versus Executive Secretary, where they say na, [6:20] yung framers, ang intent na tinitigan natin is actually the intent of the people. [6:24] Best guess lang yung intent of the framers. [6:26] So, for all of this, I think, above board naman, yung patakaran ng Senado to elect the different presiding officer pursuant to the rules that they promulgate them. [6:38] And this was done sa special session, okay lang din? [6:41] Parang katanggap-tanggap na ginagawa yun in a special session? [6:45] Yes, I don't think it's a problem. [6:47] Kasi, when the Senate is in special session, it exercises the full breadth of yung legislative power niya. [6:54] It doesn't become a half Congress lang naman kapag naka-special session siya. [6:59] And generally, following Senate practice, napapalitan lang talaga ang rules nila kapag naka-session ang Senado. [7:05] The Senate is not in session supposedly today, di ba? [7:08] Kasi naka-recess sila and they're doing the trial regardless. [7:11] Yes. So, all of this said, mukhang above rule, enough naman, sorry, yung threshold to pass that rule change. [7:21] I think nagkaroon ng clarification na na-confirm pa yun noong nagkaroon na ng special session. [7:27] And therefore, I don't think there should be any doubt. [7:29] And medyo distracting itong point ng presiding officer doon sa larger reason why the Senate is meeting today, [7:35] which is to hear the opening arguments and yung evidence against the Vice President. [7:38] So, nabanggit niyo po na it's just a small matter at hand if you're talking about the actual impeachment of the Vice President. [7:45] Gano'n nga ba kahalaga ang position ng presiding officer? [7:48] Kasi hindi naman siya, it's not like in a regular court na he's the judge and he'll make the sole decision. [7:53] Tama po ba? [7:53] Yes. I think for the last two months, we've been over-fixated on the Senate Presidency. [7:59] But yung sa siligang batas natin, all of the powers of the Senate, including the powers of impeachment, are vested on a whole chamber. [8:06] So, it's not just the one person, yung Senate President. [8:09] Important actually yung individual votes. [8:11] He gets just one vote like all of his colleagues. [8:13] So, in impeachment, yung importance ng presiding officer is siya kasi yung nagro-rule preliminarily on objections. [8:21] Ibig sabihin nun, kapag may technical objection doon sa ginagawa ng mga lawyers either of the prosecution or defense, [8:29] yung una nagro-rule doon ay yung Senate President. [8:32] And it's only the rest of the Senate coming in kapag may procedural issue and may nagtawag na, [8:37] let's vote on this matter. [8:38] But for 90% of the time, or probably even more, Senate President lang yung nagdidikta. [8:43] But other than that, it's one vote in relation to impeachment. [8:46] And I think, mas mahalaga, going to Senator Tito Soto's point, yung public, ang hinahanap nila ngayon, [8:52] ano ba yung sinasabi ng ebidensya? [8:54] Instead, naipit tayo in more than one hour na pinag-aawayin lang kung sino yung presiding officer. [9:00] Something which was based on a rule change that could have been questioned at a different time. [9:05] Hindi sa mismong araw ng trial. [9:06] Yes, hindi sa mismong araw ng trial. [9:09] Kasi questionable in the first place yung power ng Senate to change the rules of the Senate, [9:14] including the rules on impeachment, at this point. [9:17] Kasi wala nga sila sa sesyon. [9:19] Linawin ko lang, Professor, halimbawa, during the course of the trial, [9:22] ang presiding officer mayroon siyang naging ruling. [9:24] Kung hindi naman nagustuhan ng ilang senador, pwede nilang questionin ang ruling. [9:29] Yes, nasa rules of procedure ng Senate impeachment, [9:32] or impeachment trials in the Senate, na kung hindi sila happy dun sa ruling nung Senate President, [9:39] any member can call for a vote. [9:42] And again, majority wins. [9:44] Yung Senate President only gets one vote there. [9:46] So, pasok yun dun sa initial natin na pinag-usapan that this is ultimately a political process. [9:53] At tama yung point action ni Senator Pia na hindi lang siya majority-minority. [9:57] We expect our senators to act morally upright, [10:00] to look at yung important na pinag-aawayan talaga sa kaso na to, [10:05] which is the substance of the case. [10:07] But certainly, at the end of the day, boto ang nagdadala. [10:11] And you saw a 12-8 vote on this issue. [10:14] Sabi ni Senator Alan Cayetano kanina, no, [10:16] nung prinipresentan niya yung kanyang mga argumento na magiging problema eh, [10:21] kung tatagal lang paglilitis ng 30 weeks or ilang buwan, [10:25] tapos hindi pala na-resolve ba yung issue ng presiding officer, [10:30] tingin niyo po ba magiging problema ito? [10:31] I don't think so. [10:33] I think we have practiced precedent to look into this. [10:37] Nung 2012, si Chief Justice Corona was under impeachment. [10:41] And one of the things that he questioned were certain Senate orders [10:45] and certain Senate procedures. [10:47] He filed a petition with the Supreme Court [10:49] even before naglabas ng judgment yung court, [10:51] yung impeachment court rather. [10:53] And when the impeachment court convicted him, [10:55] the Supreme Court didn't say na, [10:57] we will look into the objections you have raised. [10:59] It's said na, tapos na yung laban. [11:02] Moot na yung kaso and we will move on. [11:05] So it's a good indication na when it comes to impeachment and its procedure, [11:09] malaki yung kumpyansa na binibigay ng Korte Suprema historically [11:13] doon sa Senado, pag nag-trial na yung Senado. [11:17] Kasi sa saligang batas natin, malino naman yung textual commitment, [11:21] yung inasa talaga ng text ng Constitution.