Lacson: Suspension may not bar senators in Duterte impeachment trial

MANILA, Philippines — Sen. Panfilo Lacson on Sunday said the preventive suspension of senators involved in the flood control scandal may only apply to their function as legislators but not as senator-judges in Vice President Sara Duterte’s impeachment trial.

He pointed out that the Senate Impeachment Court and the Senate are separate entities despite having the same composition.

READ: Only present senators should vote in VP Sara Duterte case

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“It is worth studying that while the Impeachment Court and Senate have the same composition, and this is subject to interpretation if it comes to that, the two are separate entities and the suspension of senators applies to their legislative functions and not to their duties as senator-judges,” Lacson said in a radio interview, as quoted by his office in a statement.

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There are concerns that there may not be enough participation of senator-judges in the trial if at least nine senators are preventively suspended for their involvement in the flood control scandal—as projected by the Ombudsman—since at least 16 votes are needed for a conviction.

“If they are preventively suspended, we will respect the decision of the courts. But maybe we can make a motion for the purpose of the impeachment trial to stay their suspension, or interpret their suspension to apply only to their legislative functions as senators, but not to their duties as senator-judges,” Lacson explained.

“Otherwise, it’s going to be a crisis. There might as well be no impeachment trial because there would be a foregone conclusion due to only 15 senator-judges available,” he added.

According to Lacson, the detained senators, if authorized by the courts, could attend the impeachment trial while escorted by Bureau of Jail Management and Penology personnel.

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Another option, he said, would be to postpone the trial until the 90-day preventive suspensions lapse.

“It is good for legal eagles to discuss this early, to prepare for such a scenario,” he said.

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He, however, dismissed as “devious” insinuations made by Sen. Alan Peter Cayetano that the majority may seek to lower the threshold for voting to convict or acquit Duterte to 12.

Lacson maintained that he will abide by the 1987 Constitution’s provision that only a vote by 16 senator-judges is enough to secure a conviction.

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“I can only speak for myself, and I think some of my colleagues in the majority bloc, that we must stick to the Constitution first and foremost. Sixteen votes or 2/3 of 24 will be needed to convict. You cannot subtract from that,” he said. /mcm