By Benjamin Cuaresma
MANILA — Senator Panfilo Lacson has warned that the impeachment trial of Vice President Sara Duterte could face serious constitutional and procedural challenges if senators implicated in the ongoing flood control controversy are detained or preventively suspended before the proceedings begin next month.
Speaking over radio on Sunday, Lacson said the possibility of several senator-judges being unable to participate in the trial raises legal questions that must be addressed early to prevent a disruption of the impeachment process.
The senator noted that lawmakers facing detention may seek court permission to attend impeachment hearings under government custody, allowing them to fulfill their duties as members of the impeachment court despite ongoing legal proceedings.
According to Lacson, the Senate and the impeachment court, while composed of the same individuals, perform distinct constitutional functions. Because of this distinction, he said preventive suspensions imposed on senators may not necessarily extend to their responsibilities as senator-judges.
He pointed out that several senators are reportedly under investigation by the Office of the Ombudsman over alleged irregularities in flood control projects, creating a scenario that could significantly affect the composition of the impeachment court.
He cited the example of detained Senator Jinggoy Estrada, saying lawmakers under detention may still be allowed to participate in the trial if authorized by the courts and escorted by jail authorities.
The veteran legislator warned that if as many as nine senators become unavailable, the impeachment court could struggle to reach a valid verdict. Under existing rules, a conviction requires at least 16 votes.
“If only 15 senator-judges remain available, how can the court arrive at a definitive decision?” Lacson asked.
He said an automatic acquittal due to a lack of available votes should not be assumed and suggested that legal remedies could be explored to ensure full participation by senator-judges.
Among the options he floated were seeking judicial clarification on the scope of preventive suspensions or asking courts to allow suspended senators to continue serving in the impeachment court while temporarily barred from legislative work.
Lacson also raised the possibility of suspending impeachment proceedings until any preventive suspensions have lapsed, though he emphasized that the discussion remains hypothetical.
“These situations are within the realm of possibilities,” he said, stressing that constitutional experts and even the Supreme Court may need to examine the issue before it becomes an actual problem.
The proposal, however, drew opposition from members of the House prosecution panel.
Bicol Saro Rep. Terry Ridon said any move to postpone the impeachment proceedings would be unacceptable, insisting that senators facing legal issues should resolve those matters separately from the constitutional duty of the impeachment court.
Ridon maintained that the trial schedule should proceed as planned and that personal legal circumstances involving senator-judges must not become grounds for delaying the proceedings.
The impeachment trial of Vice President Duterte is scheduled to open on July 6 and is expected to become one of the most closely watched political and constitutional proceedings in recent years.
ia/xf
