By Benjamin Cuaresma
MANILA — Former Senate President Franklin Drilon said senators who are under detention but have not yet been convicted may still be allowed to participate in Senate proceedings, including impeachment court sessions, subject to court approval.
Drilon explained that the Senate may request the court to permit a detained senator to attend impeachment trial proceedings. However, he emphasized that the decision ultimately rests with the judiciary.
According to Drilon, a senator who is incarcerated cannot freely attend Senate sessions because he or she is under the custody and control of the court. He added that legal questions may arise regarding whether a detained senator should be counted in determining the quorum required for Senate proceedings.
“If the court allows it, then the senator can appear before the Senate,” Drilon said. “That situation demonstrates that control over the senator is no longer with the Senate but with the court.”
The former Senate leader also noted that issues involving voting requirements in an impeachment trial may eventually be elevated to the Supreme Court for clarification.
He cited questions surrounding the constitutional requirement of a two-thirds vote for conviction in impeachment cases, particularly whether the threshold should be based on the total membership of the Senate or only on senators present during the proceedings.
Drilon said the Senate should continue performing its constitutional duties despite the existence of legal questions and allow the courts to resolve any disputes that may arise from its actions.
“Let us proceed, and if anyone disagrees with the result, opinion, or ruling, then bring the matter before the Supreme Court,” he said.
The remarks come amid ongoing discussions on procedural and constitutional issues related to the Senate’s role as an impeachment court and the participation of senators facing legal cases.
ia/xf
