Absent senator-judges may still vote in VP impeachment trial

Senator-judges who missed portions of Vice President Sara Duterte’s impeachment trial may still take part in the final verdict as long as they are physically present and legally allowed to vote when judgment is rendered, Senate President Sherwin Gatchalian said Thursday.

Gatchalian said attendance during the earlier proceedings is not the determining factor. Conversely, even a senator who attended much of the trial cannot vote on the verdict if absent on voting day.

“Kailangan andito ka physically para bumoto (You have to be here physically to vote),” he said.

The clarification follows the impeachment court’s 13-1 decision Wednesday to abandon the earlier fixed 16-vote requirement and instead base the constitutional two-thirds threshold on senator-judges who are legally and factually capable of participating when the judgment is rendered.

Gatchalian said senators who were unable to attend may still have access to the proceedings through transcripts, recordings and online broadcasts.

“We are assuming, ako, I am assuming na when the time comes na nandito sila, there will be a possibility na binasa nila yung transcript. Nanood sila ng YouTube, napanood nila yung trial itself (I am assuming that when the time comes and they are here, there is a possibility that they have read the transcript, watched on YouTube, and watched the trial itself),” he said.

He acknowledged that those who regularly attended the proceedings had greater opportunity to observe witnesses and ask questions, but said the immediate test for voting is whether a senator is present and free of any legal impediment.

“Ang basic doon, kung dadating ang panahon magkakaroon tayo ng botohan at present sila dito, factual, walang legal impediment, then they can vote (The basic rule is that when the time comes for us to vote and they are present here, that is factual; if there is no legal impediment, then they can vote),” Gatchalian said.

Senators under court custody may seek permission from the Sandiganbayan to attend the proceedings, although approval remains with the anti-graft court.

Meanwhile, Gatchalian stressed that Wednesday’s vote on the threshold should not be interpreted as a preview of how senators will vote on Duterte’s guilt or innocence.

“Pagdating sa (When it comes to the) verdict, it’s about the evidence, it’s about the testimonies, it’s about how the prosecution and defense will present their cases,” he said.

Asked if the 13 senators who supported changing the threshold could therefore be considered votes for conviction, Gatchalian replied: “Walang sure (Nothing is certain).”

The new rule preserves the constitutional two-thirds requirement but changes which senator-judges are counted in determining the voting base when some are unable to participate.