A FORMER national president of the Integrated Bar of the Philippines yesterday cautioned senators against making public statements about their fearless forecasts on the impending impeachment trial of Vice President Sara Duterte as they will be sitting as impeachment judges.
Lawyer Domingo Cayosa said the senators’ loyalty must be to the people who put them in their positions and not to individuals who have been material to their election as senators.
Cayosa made the remark in an interview with radio dzBB after a senator said he foresees Duterte’s acquittal because a number of senators have reportedly changed their stand in favor of the Vice President.
Cayosa did not identify the senator, but Sen. Ronald dela Rosa, in an interview with Bilyonaryo News Channel last week, said more than nine senators have aligned with the camp of former president Rodrigo Duterte or shared their sentiments against the impeachment trial.
The Senate impeachment court, which will be composed of 24 senators, needs at least 16 votes or two-thirds of its members to convict the Vice President.
Trial is expected to start in July.
Cayosa said the senator’s remark was uncalled for because the trial proper has not yet started, hence the evidence against the Vice President on the seven Articles of Impeachment have not yet been seen or heard.
“They will become judges (in the impeachment trial). Where can you find a judge who will say there will be an acquittal when the trial has not even started and he has not seen the evidence? That is not allowed. They should read the Rules of the Senate because it is provided there that when it comes to the impeachment proceedings, senators should set aside their political affiliations,” Cayosa said in mixed Filipino and English.
Besides, he said, Senate President Francis Escudero has been reminding the senators not to comment on the impeachment trial so they will not be accused of being biased for or against the Vice President.
“It is disappointing that we have some lawmakers who seem to be ignorant of what their tasks are. That should not be the case. This is not purely a numbers game. This is not outright politicking. This is the senators setting aside their political affiliations — they will summarize, examine the evidence presented by both sides, balance them and come up with a decision based on the evidence and arguments presented. They should not immediately say that the accused will be acquitted or convicted because we have the numbers,” he said.
PRESS RELEASES
He said a judge — whether in the impeachment court or in the regular courts — must be impartial at all times and must not issue “press releases” when the case has not yet started or when it is ongoing.
“It is their responsibility to show to the people that they deserve to be judges. A judge waits to hear both sides and must not issue press releases (while the trial is ongoing). They should study the case before they open their mouths, and not preempt the whole process or even the Senate as a whole,” he said.
Cayosa said an accused, in this case the Vice President, needs only one guilty verdict from the seven complaints filed to be removed from office and be perpetually disqualified from holding public office, whether elected or appointed.
“If she will be convicted even on a single complaint, she will be removed from office … Only one guilty verdict in complaint in the Articles of Impeachment, even if she is acquitted in the other complaints or two-thirds of the senators were not convinced, she will be removed from office,” Cayosa said.
He said the panel of prosecutors can start with the complaints which have already been documented or those said under oath during House hearings so that the proceedings will be swift.
He said among the complaints which are already documented are alleged misuse of confidential funds; threats made to the life of President Ferdinand Marcos Jr, First Lady Liza Araneta-Marcos, and Speaker Martin Romualdez; and the Vice President’s alleged
unexplained wealth and failure to disclose assets.
The Senate will convene as an impeachment court on June 3, a day after the House of Representatives is scheduled to formally present the Articles of Impeachment in the Senate plenary on June 2, the day when regular sessions resume after Congress went on a long break starting February 6 for the midterm elections.
Trial proper is expected to start after President Marcos delivers his State of the Nation Address on July 28.
