Neil Jayson Servallos - The Philippine Star
October 26, 2026 | 12:00am
Presiding officer Chiz Escudero made a lighthearted comment about private prosecutor Atty. Mae Divinagracia’s hoarse voice during the 18th day of the impeachment trial on August 25, 2026.
STAR / File
MANILA, Philippines — Impeachment court presiding officer Francis Escudero on Sunday expressed full confidence in the fairness of the ongoing impeachment trial against Vice President Sara Duterte, while categorically declaring that he would refuse the vice presidency if she is convicted and removed from office.
Under the Constitution, if the vice presidency becomes vacant, the President nominates a replacement from the members of Congress.
With several critics and analysts alleging that Escudero may have been offered to replace Duterte if she is convicted, he stated that accepting such a nomination after serving as a senator-judge would be a massive ethical breach.
“I will not accept it because of a simple reason. Conflict of interest. We were the ones who decided. That does not seem right,” Escudero said in his podcast, arguing that it is highly inappropriate for a judge to take the seat of the official they just ousted.
While noting that no official offer has been made, Escudero emphasized that his preemptive refusal is a strict personal conviction.
“I am not refusing something that is not offered... But even if offered, I will not accept it. And I hope it does not come to that so nothing will be accepted,” he added.
When asked if the trial is proceeding fairly, Escudero said he remains strictly neutral.
“I think it is fair,” Escudero said. “I don’t have a decision; I have not decided yet.”
Escudero stressed that while the court may sometimes appear heavier-handed toward the prosecution, it is only because the burden of proof entirely rests on them.
Look at evidence, not surveys
Escudero also cautioned his fellow senator-judges against relying on public surveys to determine the fate of Vice President Duterte, reminding the chamber that the public has only heard the prosecution’s side of the impeachment trial.
“It must not be based on it (surveys), it should be based on evidence,” Escudero said in his podcast. “It’s not right. We should not have gone to trial if we would just base it on surveys. We could have just had a survey, and then voted.”
He urged both the court and the public to reserve judgment until the defense has its turn. With the House prosecution officially resting its case, the defense is scheduled to begin presenting its evidence on Nov. 9.
Escudero confirmed it is highly possible for the trial to conclude before the year ends, though the final timeline depends heavily on how many witnesses the defense calls and the length of the ensuing cross-examinations.
Meanwhile, Escudero also defended the court’s decision to relax the Senate’s sub judice rule, or gag order, after prosecutors withdrew three of the four impeachment articles against Duterte.
Because those three charges were officially dismissed from the trial, the Vice President will no longer have a formal venue to defend herself against them on the Senate floor.
To compensate, Escudero explained that the court loosened the gag order so Duterte and her camp can publicly address the dropped allegations without fear of being cited in contempt.