Only senators present in impeach trial can vote on Duterte's fate – solon

MANILA, Philippines — Manila City 3rd District Rep. Joel Chua believes that only the senator-judges participating in the impeachment trial of Vice President Sara Duterte can decide on her conviction or acquittal, given the current composition of the Senate.

This is what Chua answered on Saturday when asked if the House prosecution panel thinks that the number of senators participating in the trial will be an issue.

Senator Jinggoy Estrada was recently arrested over plunder charges while Senator Ronald “Bato” dela Rosa remains in hiding amid his arrest warrant from the International Criminal Court.

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“This is a big issue when it comes to numbers because personally, I believe that only those who participate in the impeachment trial can vote,” Chua said during the Saturday News Forum.

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“Because first of all, how can you vote if you are not participating in the impeachment trial?” he asked.

READ: Volunteer lawyers backing up House impeach team

Duterte was impeached by the House of Representatives last May 11 over four grounds – alleged misuse of confidential funds under the Office of the Vice President and Department of Education (DepEd); alleged unexplained wealth; alleged distribution of monetary gifts or payments to DepEd officials; alleged assassination threats against President Ferdinand Marcos Jr., First Lady Liza Marcos, and former House Speaker Martin Romualdez.

Chua is a member of the 11-member House prosecution panel of Duterte’s impeachment trial.

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He is designated as the second lead prosecutor handling Article I of the alleged misuse of confidential funds; and lead prosecutor for Article III of alleged distribution of monetary gifts to high-ranking officials of the Department of Education.

The lawmaker said that the impeachment trial cannot be likened to ordinary legislative measures done by senators, saying that the impeachment court is akin to a court hearing.

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“It can be compared to a court hearing where the judge can assess the demeanor of the witness if they are saying the truth or not,” he noted.

“Part of their judgment rendering is based on mannerism on the conduct of witnesses in the witness stand,” he pointed out.

He reiterated that it is important for senator-judges to assess the demeanor of the witnesses and to determine if they are lying or not.

He also said that this issue can be raised before the Supreme Court, but he noted that the quorum can be applied in this matter.

READ: IBP agrees June 3 Senate quorum ‘lawful’ and ‘valid’

“It’s not bad if it is applied here. The basis of the quorum is on 22, and not 24, because decisions not based on quorum seems not right,” Chua added.

This came after the Senate finally declared a quorum last June 3 after 12 senators were present in the plenary hall, which eventually triggered a Senate leadership change.

Senate President Pro Tempore Sherwin Gatchalian then cited a Supreme Court ruling in the case of Avelino versus Cuenco “that an absolute majority of 12 out of 23 members can constitute a constitutional majority of the Senate for quorum purposes.”

Meanwhile, when asked if Duterte’s non-appearance in the trial will be taken against her, Chua said that the burden of proof lies within the prosecution team.

“If we properly present the pieces of evidence, it’s up to them how they will rebut the evidence presented. It’s up to them who they will choose to explain, may it be the vice president or the staff,” he added. / apl

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