Former University of the East College of Law Dean Atty. Amado Valdez on Tuesday said the physical presence of senator-judges is required during the impeachment trial of Vice President Sara Duterte, stressing that they are the officials who must personally cast votes on whether an impeached official should be convicted or acquitted.
“Kailangan nandun siya. Kailangan present siya dahil boboto siya. Sasabihin niya guilty or not guilty,” Valdez said, when asked whether voting in absentia should be allowed for senator-judges participating in impeachment proceedings during an interview on DZRH's Damdaming Bayan.
He added that while jurors in United States jurisdictions conduct deliberations privately, the Philippine impeachment process requires direct participation from senator-judges.
The remarks come amid proposals to modify the voting threshold required to convict an impeached official. Under the Constitution, a two-thirds vote of all senators is required for conviction.
Some proposals have suggested reducing the required number of votes from 16 to 15 in light of current developments in the Senate.
At present, only 22 senators remain in the Senate following the arrest of Senator Jinggoy Estrada in connection with a flood control scandal. Meanwhile, Senator Ronald “Bato” dela Rosa remains absent and in hiding amid reports of an arrest warrant issued by the International Criminal Court (ICC).
Asked whether a senator facing detention could still attend impeachment proceedings, Valdez pointed to evolving social norms and public sentiment.
“Ang tingin ko diyan is yung sinasabi kong living constitution. Titignan mo yung social norms eh. Ano ba ang value ng ating bayan ngayon? Yung mga taumbayan eh gusto nila yung nakakulong na mag-participate sa proceedings,” he said.
“Sa akin, titingnan mo yung, kaya political body sila eh. Tingnan niyo ang antena nila kung ano ang nararamdaman ng tao ba 'yan. So ako, yung mga kababayan natin, tanungin natin,” he added.
Valdez also addressed the possibility of legal challenges should the Senate alter the constitutional voting requirement for impeachment convictions.
He added the Supreme Court (SC) may consider the issue a "political question" and decline to interfere with the Senate’s decision.
“Pupunta ngayon siya sa Supreme Court. Sasabihin ng Supreme Court, political question yan. Ang sabihin, hindi niya gagalawin ang desisyon nila. So mavalidate ngayon yung action na 'yon kung sino man kung ang majority is based on the 22,” Valdez said.
“Kailangan pairalin natin kasi ang taumbayan, gusto niya nang merong proseso na matapos yung cycle. Dahil pagdating yung cycle niya, papasok ng taong bayan yun yung na-election. Sila ang mag-de-decide nun,” he said.
