Lacson: More detentions of Senators to affect VP trial

MANILA, Philippines — Senator-judges by day, detainees by night?

Sen. Panfilo “Ping” Lacson said this could be a potentially awkward situation if detained senators are allowed by the courts to attend the impeachment trial of Vice President Sara Duterte—allowing them to wear their senator-judge robes during the trial and their persons deprived of liberty uniforms once the trial for the day ends.

Lacson also said the possibility of more senators being detained could disrupt the trial that is set to start on July 6.

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“For example, if a senator is detained, and if more senators end up being detained, the solution to maximize participation or voting would be to file a motion and seek leave of court so they can attend the impeachment trial, even if they are escorted by the Bureau of Jail Management and Penology (BJMP),” Lacson said in an interview with radio dzBB, reiterating an earlier statement in May.

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

“We will seek permission from the Sandiganbayan to allow them to attend,” he said.

‘Separate entities’

Lacson noted that 10 senators are under investigation by the Office of the Ombudsman over alleged flood control anomalies.

He told the Inquirer in a separate interview that Sen. Jinggoy Estrada, who is detained at the Quezon City Jail on plunder charges, may still attend the trial.

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“With leave of court, yes. He may be escorted by BJMP personnel, assuming the Sandiganbayan will allow him to participate in the impeachment trial,” he said.

Lacson explained that while the composition of the impeachment court is the same as that of the Senate, the detention and preventive suspension of senators over the flood control mess may apply only to their function as legislators, as the two are separate entities.

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READ: Adiong urges Senate to proceed with Sara Duterte’s impeachment case

“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,” he said.

If, hypothetically, at least nine senators are preventively suspended in connection with the flood control scandal, Lacson said there may not be enough numbers to produce a clear verdict.

Under impeachment court rules, at least 16 votes are needed for a conviction.

“What if nine senators are detained and 15 are left in the impeachment court? How will there be a clear decision to convict or acquit? Does it mean automatic acquittal because only 15 are available to vote? To me, it should not,” Lacson said.

“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,” he added.

“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 said.

‘Realm of possibilities’

Another option, Lacson suggested, would be to suspend the impeachment trial until such time that the senators involved had served their 90-day preventive suspension.

“That’s another solution … these [situations] are within the realm of possibilities. It’s not impossible because it can happen. It is good for legal eagles and even the Supreme Court, to discuss these things this early in the event that such scenario happens,” Lacson said.

“Let me clarify that this is hypothetical but in the realm of possibilities. It can happen. We are not praying for it, we’re not making sure it would happen, we’re not even expecting it. The [situations I cited] are hypothetical, but they could possibly happen,” he said.

Bicol Saro Rep. Terry Ridon, however, said the attendance issue must not stall Duterte’s impeachment trial.

“Postponing the impeachment trial is out of the question,” Ridon, a congressman-prosecutor, told dzBB radio in Filipino. “I don’t think the trial dates should be moved just because a senator‑judge needs to resolve their supposed suspension at the Sandiganbayan.”

While the prosecution team said it will not object if the Senate seeks the Sandiganbayan’s permission to let detained senator‑judges attend, he warned that they will oppose any move that could delay the proceedings.

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Those facing charges at the antigraft court must deal with their legal troubles separately and their personal circumstances should not postpone the trial, he added. —WITH A REPORT FROM KENNETH CHRISTIANE BASILIO