MANILA Rep. Bienvenido Abante Jr. is hoping that Sen. Alan Peter Cayetano and his sister Sen. Pia Cayetano will return to the country after they were seen in Singapore.
He made the statement when asked to comment on the Cayetano siblings’ foreign trip, which the Bureau of Immigration has confirmed.
“Well, alam mo…hopefully, babalik sila no” he said.
Abante cited the issue raised by Senator-Judge Erwin Tulfo in last Tuesday’s trial on the participation of senators in the proceedings in determine the vote to convict Vice President Sara Duterte.
“Sapagkat tama ‘yung sinabi, tama yung query ni Senator-Judge Erwin Tulfo na ‘yung po bang mga absent, ‘yung po bang hindi nakapakinig na mga senador ay sasama sa desisyon ng impeachment court?” he said.
Abante however pointed out that while the Constitution requires a two-thirds vote of all members of the Senate, or 16 of 24 senators for conviction, those who do not participate in the trial should not be counted when voting comes.
He said in a prosecutor’s office or a court, one cannot take an oath if the prosecutor or judge is absent.
“Sabi ko nga, kahit na po sa piskalya o sa korte, hindi ka pwede mag-take an oath kung wala ‘yung piskal, kung wala yung judge. Palagay ko ganun din dapat ang mangyari dyan (sa impeachment court),” he added.
In his manifestation before the impeachment court on Tuesday, Tulfo said senator-judges have to confront the threshold voting issue sooner or later.
He asked if the vote should be based on all 24 senators even if four of them have not been attending the trial, or only those participating in the proceedings.
Two senators – Jinggoy Estrada and Rodante Marcoleta – are detained in separate plunder cases.
Sen. Ronald “Bato” dela Rosa is in hiding from a warrant of arrest issued by the International Criminal Court (ICC).
A fourth senator, Loren Legarda, is on an extended medical leave.
Tulfo cited a hypothetical extreme case where nine of 24 senators are unavailable for various reasons.
He said such a scenario would result in the “acquittal by default” of the Vice President if the required vote for conviction is 16 of 24 senators.
Presiding Judge Sen. Francis Escudero scheduled oral arguments on the issue for Sept. 16 and voting for Sept. 23.
On the first day of the trial last July 6, he declared that 16 votes are needed for conviction, citing the Constitution.
metrosundaily
