HOUSE impeachment team spokesperson Ace Barbers on Friday backed excluding senator-judges who have not examined the evidence from the count used to determine the votes needed to convict Vice President Sara Z. Duterte.
Speaking at an online press conference with Manila Rep. Bienvenido Abante Jr., Barbers said the retired justices’ submissions would help senators resolve the threshold question. He noted that the discussion concerned which senators to count while retaining the two-thirds requirement.
Barbers said the Senate should consider participation and knowledge of the proceedings when deciding who belongs in the base from which the two-thirds requirement is computed.
He proposed counting “yung mga palaging nag-attend at yung talagang informed dito sa usapin ng paglilitis na ito.”
Addressing whether senators who had not attended and heard the evidence should be included, he gave his own position.
“Para sa akin, ay siguro hindi nga dapat on the basis that they have not seen the evidence,” Barbers said.
He used a hypothetical vote by Senator Ronald dela Rosa to question whether a senator could fairly decide without seeing, hearing, and examining the evidence. Barbers raised both possible outcomes: a vote to convict Duterte and a vote to acquit her.
“It works both ways,” he said.
For his part, Abante questioned voting without sufficient knowledge of the proceedings.
“With fairness and justice, makatarungan po ba na bumoto rin ang isang senator judge na walang alam sa nangyayari?” he asked.
Last Wednesday, the former justices expressed different views on participation. Retired CJ Reynato Puno had explained that judges may decide cases from transcripts without personally observing witnesses. Retired Justice Adolfo Azcuna favored counting all 24 senators.
Abante maintained that the Senate must resolve the disputed count, noting that the Constitution states a fraction rather than a fixed number of votes.
“Wala po nakalagay na 16 sa Constitution,” he said.
Barbers restated his preferred computation: “So again, kung ang number ang pinag-usapan, two-thirds nung nag-attend, to cut the long story short.”
He said the prosecution’s immediate task was to present evidence and witnesses clearly enough for senators to assess them. The defense would also present counter-evidence for the senator-judges to weigh, he added.
“Whatever the number will be, whether 16 or 15, 14, 13, sa amin hindi ito ang importante sa ngayon.”
metrosundaily