Metro Manila, Philippines – House prosecutors may seek the inhibition of some senator-judges from the impeachment trial of Vice President Sara Duterte, but such moves could backfire and cost them votes before the proceedings even begin, a senator-elect warned.
“That’s their prerogative but the problem is, it might count to a negative vote when the court has not even heard the pleadings,” Senator-elect Vicente “Tito” Sotto III told NewsWatch Plus on Friday, May 23.
Sotto is poised to serve as a senator-judge for the third time, having participated in the impeachment trials of President Joseph Estrada in 2001 and Chief Justice Renato Corona in 2012.
He was responding to a statement from Mamamayang Liberal party-list Representative-elect Leila de Lima, who said the prosecution panel will discuss how to address senators who have shown signs of “pre-judgment” even before sitting as senator-judges, including the option of filing a motion for their inhibition.
“Talaga naman ‘yung iba parang may pre-judgment na sila [Some of them really do seem to have already made a pre-judgment]. That can be really a ground for their disqualification, for their inhibition,” De Lima told NewsWatch Plus on Thursday.
“Pero sabi ko nga, pag-uusapan iyan ng prosecution team [But as I said, the prosecution team will have to discuss that],” she added.
While inhibition is typically seen as a voluntary act, Sotto noted that the prosecution can also move to disqualify senator-judges who fail to appear impartial.
“Both are possible,” he said.
Should any senator-judges be removed from the roster, Sotto emphasized that the requirement to convict — two-thirds of the Senate — is unchanged.
“Sixteen to convict, no matter what. It’s a constitutional mandate,” he said.
NewsWatch Plus also reached out to Senate President Francis “Chiz” Escudero for comment, but he has yet to respond. He has consistently urged his colleagues to refrain from commenting on the looming trial to preserve impartiality.
Senator Ronald “Bato” dela Rosa, one of five senatorial candidates endorsed by Duterte, took exception at De Lima’s statements.
“Biased congressmen may also be asked to inhibit from Duterte prosecution,” he said in an online comment.
“Bugo pud diay ni sya nga abogado noh? [Bobo rin pala itong abogadong ito, ano?] Impeachment is not a judicial process, it is a political process. Everyone of the 24 senator-judges is a politician so you expect political biases to come into play,” he added.
He and other Duterte allies have said they will base their decision on the evidence presented during the trial.
Duterte is the first vice president to be impeached by the House of Representatives, prompting a Senate trial in which all 24 senators will serve as judges and 11 representatives as prosecutors.
The charges center on her alleged misuse of public funds and threats against the life of President Ferdinand Marcos Jr. and his family. Duterte has asked the Supreme Court to halt the proceedings, but the petition remains unresolved.
