Retired Supreme Court Chief Justice Artemio Panganiban said senator-judges who continuously fail to participate in Vice President Sara Duterte’s impeachment trial should not be included in determining the number of senators required to convict.
Panganiban made the statement Wednesday, September 16, while appearing as an amicus curiae before the Senate impeachment court to address questions surrounding the constitutional requirement of a two-thirds vote for conviction. The issue arose amid the absence of several incumbent senators from the proceedings.
Responding to Senator-judge Risa Hontiveros, who asked whether senators who had already taken their oath but were willfully and continuously absent should still be counted in the denominator, Panganiban said such senators would not be in a position to render a proper judgment.
“Kung hindi sila naririto, kasama ninyo, inoobserbahan yung mga testigo, ini-eksamin yung mga dokumento, hindi sila nakapagbibigay ng tamang husga.”
Panganiban said that if he were in the position of an absent senator-judge, he would voluntarily inhibit from voting because of the inability to personally evaluate the evidence and testimonies presented during the trial.
“If you can render your decision based on truth and fairness, then so render that judgment. If you cannot, then you shouldn't be counted because you will be diminishing the effort and the voice of those who are here present trying to find the truth and trying to be fair.”
When Hontiveros specifically asked whether the absent senator-judges should therefore be excluded from the denominator even if they had already taken their oath, Panganiban answered:
“Dapat po. Sa aking opinyon, hindi na dapat kasama sa denominator.”
Panganiban emphasized that his position was anchored on the principles of truth and fairness, arguing that senator-judges must actively participate in the proceedings before exercising their authority to decide an impeachment case.
He also invoked his own experience as a Supreme Court chief justice, saying he had maintained regular attendance while serving on the Court.
“Same manner, I think, our people expect the same kind of diligence, the same kind of faithfulness.”
The retired chief justice added that his position was not meant as boasting, but as an illustration of the level of diligence he believes public officials are expected to demonstrate when carrying out responsibilities entrusted to them.
