Senator-judge Pia Cayetano said Wednesday she is feeling pressured and fears for her liberty and right to speak as the Senate impeachment court considers whether to revisit the voting threshold for convicting Vice President Sara Duterte.
During the 26th day of Duterte’s impeachment trial, Cayetano raised concerns over what she described as circumstances affecting several senator-judges, including senators who are detained, in hiding, or on medical leave.
Cayetano said she was also concerned after the National Bureau of Investigation director made statements about her travel to Singapore, which she said made it appear that she was being treated as a fugitive.
“I went to Singapore to support a national team. And then I have to hear NBI director making statements that make it appear that I’m a common fugitive,” Cayetano said.
“Am I a fugitive? Bakit may ganito? So, I will tell you all now. Am I pressured? I am. I am. I fear for my liberty. I fear for my right to speak,” she added.
Cayetano then asked whether she should excuse herself from the impeachment proceedings if the voting threshold remains unchanged.
The Senate impeachment court is currently examining whether the constitutional requirement of a two-thirds vote for conviction should continue to be based on all 24 members of the Senate, or whether the threshold should account for senators who are unable to participate in the proceedings.
Cayetano also asked retired Chief Justice Reynato Puno to confirm her understanding of his earlier position that certain circumstances involving senator-judges and the respondent could raise questions subject to judicial review.
Puno confirmed that the situations Cayetano cited were not political questions but justiciable questions.
“Those two examples are not political questions. They are justiciable questions. They involve violation of specific rights of a respondent and therefore there are standards that can be used by the court to decide the case and the appropriate remedy,” Puno said.
Puno was among three retired Supreme Court magistrates who appeared before the impeachment court as amici curiae, or friends of the court, to provide legal guidance on the disputed voting threshold.
Retired Chief Justice Artemio Panganiban and retired Associate Justice Adolfo Azcuna also appeared, while former Chief Justice Hilario Davide Jr. submitted a legal memorandum.
The 1987 Constitution, under Article XI, Section 3(6), requires the concurrence of two-thirds of all members of the Senate to convict an impeached official. The Senate had previously set the threshold at 16 votes based on its 24-member composition.
