Retired Supreme Court Associate Justice Adolfo Azcuna, serving as amicus curiae in the impeachment trial of Vice President Sara Duterte, has proposed passing a law to clarify whether detained senator-judges may participate in impeachment proceedings.
Azcuna said detained senators are currently counted in the voting threshold but are unable to cast their votes because the Sandiganbayan does not allow them to attend the proceedings.
“One way of remedying that is to pass a law saying that anybody, any senator who is detained, may still participate in the proceedings,” Azcuna said.
He noted that there is no existing law expressly prohibiting detained senators from participating, adding that they remain presumed innocent until a final judgment is issued.
“After all, they are not yet guilty. They are presumed innocent. There is no final judgment against them,” Azcuna said.
Azcuna said a law requiring the Sandiganbayan to allow detained senators to attend impeachment proceedings could address the issue surrounding the voting threshold.
