Senator Panfilo “Ping” Lacson has called on the Senate and the Impeachment Court handling Vice President Sara Duterte’s impeachment case to refrain from intervening in the efforts of Senators Rodante Marcoleta and Jinggoy Estrada to take part in the proceedings.
Lacson raised concerns that any intervention by the Senate, whether in its legislative capacity or as an Impeachment Court, could create the impression that it is exerting pressure on the Sandiganbayan, where plunder cases against Marcoleta and Estrada are pending.
“When we held a caucus, I voiced concern that we may be putting undue pressure on the Sandiganbayan,” Lacson said in a radio interview.
“It is better to leave it to their lawyers to argue their cases if they want to participate via Zoom or online,” he added.
Lacson said the senators’ legal teams should handle any request for their clients to participate in the trial, warning that Senate intervention could be viewed as one court attempting to influence another.
“We’ll leave it to their lawyers because if we interfere, it would be like a court going up against another court. We may give the perception that we are intervening for two of our colleagues, if they would ask the anti-graft court to release them or allow them to be escorted to the trial,” he said.
Marcoleta earlier sent a letter to Senate President Win Gatchalian and Senator Francis “Chiz” Escudero, who presides over the impeachment court, asserting his right to participate and vote as a senator-judge despite being detained over a plunder case.
Estrada, meanwhile, previously sought permission from the Sandiganbayan to attend the impeachment proceedings, but his request was denied in July.
Lacson also expressed interest in hearing the views of the four “amici curiae,” or “friends of the court,” invited by the Impeachment Court to provide guidance on the constitutional issue involving the voting requirement for Duterte’s conviction.
The four legal experts are retired Chief Justices Artemio Panganiban, Reynato Puno and Hilario Davide Jr., along with retired Supreme Court Associate Justice Adolfo Azcuna. Lacson noted that they were selected after Escudero consulted both the prosecution and defense panels.
“We want to hear from them because they know much about the Constitution and the law. It is important to hear what they will say, word for word. I listen carefully to the witnesses who have testified and this will be much more so. No one has a monopoly of knowledge on the matter of voting threshold so we must all listen to them,” Lacson said.
The senator-judges are expected to consider the amici curiae’s opinions before voting on Senator Erwin Tulfo’s motion for reconsideration concerning the 16-vote, or two-thirds-of-all-members, requirement for an impeachment conviction.
Escudero had earlier ruled that 16 votes are needed to convict Duterte, describing the threshold as a decision of the Impeachment Court.
Lacson said the situation is unprecedented because some senator-judges may be unable to physically attend the proceedings because they are detained, abroad or in hiding.
“This is a novel scenario. It is only now that some senator-judges could possibly not attend the trial because some members are either detained, abroad, or in hiding,” he said.
“What if nine senator-judges are somehow incapacitated, will the impeachment trial still push through even if the conviction threshold stays at 16? We would be interested in hearing the amici curiae’s opinions on this,” Lacson added.
Lacson also maintained that Duterte’s public call for President Ferdinand Marcos Jr. to resign should have no bearing on the impeachment proceedings.
According to the senator-judge, statements made by the Vice President outside the trial that are unrelated to the four articles of impeachment should not influence the Impeachment Court.