The Senate impeachment court on Monday received a letter of manifestation from Senator Rodante Marcoleta requesting that his vote be recognized and counted in the impeachment trial of Vice President Sara Duterte, prompting Presiding Officer Senator Francis “Chiz” Escudero to refer the matter to the Senate sitting as a legislative body.
During the proceedings, Escudero disclosed that Marcoleta cited a precedent from the impeachment trial of former President Joseph Estrada, where a mechanism was reportedly adopted to allow a senator unable to physically participate under unavoidable circumstances to cast a vote.
“Likewise, the court is in receipt... of a letter of manifestation signed by Senator Judge Marcoleta citing a rule in the ‘Erap’ impeachment trial and wanting his vote to be considered,” Escudero said.
The Senate President clarified that he would not immediately act on the request because it involves the rules governing the impeachment court.
“The Presiding Officer of this court will not act on it at this time but instead... we’ll be referring this matter to the Senate as a legislative body, given that it’s the Senate that will be amending the rules to allow participation through a vote,” Escudero explained.
He added that any amendment affecting the impeachment rules must first be deliberated upon and approved by the Senate before it can be implemented by the impeachment court.
“Whatever decision the Senate will have as a legislative body, the court shall implement it,” he said.
Escudero also disclosed his personal position on the issue, saying he is inclined to support Marcoleta’s proposal once the Senate formally convenes to discuss it.
“Personally, once we convene the Senate as a legislative body, I am inclined to agree with the suggestion of Senator Marcoleta,” Escudero said.
Meanwhile, Senator Alan Peter Cayetano informed the impeachment court that Senator Jinggoy Estrada had elevated to the Supreme Court the Sandiganbayan’s denial of his request to attend the impeachment proceedings.
“I think Senator Estrada elevated to the Supreme Court the denial of the Sandiganbayan to allow him to attend,” Cayetano said.
He also suggested that the impeachment court may consider formally communicating with the Sandiganbayan regarding the matter while discussions on the rules continue.
“But may you also refer to my previous manifestation that as a court, we can also communicate whether it’s with the Sandiganbayan or not,” Cayetano added.
Escudero acknowledged Cayetano’s suggestion, saying it would be taken up at the appropriate time.
“The point of Senator Judge Alan is well taken. We shall do so at the appropriate time,” the presiding officer said.
The issue is expected to be discussed when the Senate resumes its regular session, as lawmakers determine whether amendments to the impeachment court’s rules are necessary to accommodate voting by senator-judges who are unable to attend proceedings under exceptional circumstances.
