HOUSE prosecutor Joel Chua of Manila said on Thursday that the voting threshold for the impeachment trial should be reconsidered due to the current circumstances affecting the Senate’s membership.
Chua explained that existing jurisprudence may apply to the present situation, where some senators are unable to fully perform their duties as members of the Senate.
“Ang threshold naman na pinaguusapan natin ngayon, since time immemorial ang naging opinion na ng prosecution ay dapat ito ibaba,” Chua said.
He cited the Supreme Court ruling in the case of People v. Maceda, noting that individuals under detention, whether temporary, pending trial, or awaiting final judgment, are generally unable to exercise their profession or hold elective or appointive office.
“Ibig sabihin habang sila ay nakakulong, hindi pupwedeng mag-exercise ng kanilang profession. Sinasabi din ng decision na ito na ito ay natural consequence of arrest and detention, so ito ay tumutugma lamang doon sa mga provisions sa plunder law na kung saan sinasabi na kung ikaw ay naksuhan at ikaw ay nakakulong, suspended ka from exercising your office,” Chua said.
Currently, two senators, Jinggoy Estrada and Rodante Marcoleta, are detained while facing plunder charges. Senator Ronald “Bato” Dela Rosa has remained out of public view since May, while Senator Loren Legarda is abroad on an extended medical leave.
Chua emphasized that the participation of senator judges in the impeachment trial of Vice President Sara Z. Duterte is important in ensuring that the proceedings result in a fair and informed decision.
“There are also many decisions of the court stating it is better if the judge sees the demeanor of the witnesses while they are being cross-examined, because only then can the judge determine whether the witness is telling the truth or not,” Chua said.
“Paano sila makakapag-desisyon ng tama kung hindi naman nila nakikita personally ang testigo habang ito ay dina-direct or kino-cross ng prosecution at ng defense?” he added.
Chua reiterated that it is the Senate that will ultimately decide on the voting threshold since it has the sole power to try and decide impeachment cases, including coming up with its own rules for the trial.
“But having said that, ang paghahanda pa din namin regardless kung ano mapagdedesisyunan ng ating mga senator-judges, whether ito ay 16, 15, or 14, kami ay naghahanda para maipakita ang ebidensya nang sa ganun ay makumbinse natin sila sa tibay ng ebidensya,” Chua said.
“So, at the end of the day, hindi lang naman ang senator-judges ang ating audience dito, bagkus pati ang taongbayan,” he added.
Meanwhile, House prosecution spokesperson and Lanao del Sur Rep. Zia Alonto Adiong clarified that the discussion on the voting threshold does not involve changing the constitutionally required two-thirds vote of all Senate members.
“Meron unique circumstance sa ating mga senador. So ibig sabihin paano mag-arrive to an actual sound judgment na yung sinasabi ni former Chief Justice (Artemio) Panganiban na yung active participation would lead to achieving justice and fairness at yung functional duty ng mga senador to arrive at an impartial judgment,” Alonto Adiong said.
metrosundaily
