MANILA, Philippines — Former Chief Justice Artemio Panganiban said Wednesday that senator-judges who failed to participate in Vice President Sara Duterte’s impeachment trial should inhibit themselves from voting because they did not hear the evidence or observe the witnesses.
Panganiban made the statement as senator-judges discussed whether they could reduce the number of votes needed to convict Duterte if some Senate members could not participate in the proceedings.
Senator-judge Risa Hontiveros asked Panganiban what an appropriate course of action would be for a senator-judge who took the oath but failed to attend the trial.
Panganiban said such senator-judges should not participate because they could not properly assess the evidence or witness testimony.
“If they are not here with you to observe the witnesses and examine the documents, they cannot make a correct ruling,” Panganiban said. He added that he would voluntarily inhibit himself and refrain from voting if he were in that position.
Panganiban says absent senators should not count
Hontiveros then asked whether senator-judges who should inhibit themselves would still count as members of the Senate when determining the two-thirds vote required for conviction.
Panganiban said they should not form part of the denominator.
“In my opinion, they should no longer be part of the denominator, not like you, who are present today,” he said.
Panganiban cited his own record of attendance during his tenure on the Supreme Court and his nearly two decades as a columnist for the Philippine Daily Inquirer.
He said he continued writing his column even when he traveled or became ill because his readers expected him to fulfill his responsibilities.
He said Filipino voters similarly expect senator-judges to demonstrate diligence and fulfill their duties during an impeachment trial.
Panganiban backs flexible interpretation of vote requirement
Panganiban also expressed support for considering circumstances on the ground when determining the number of votes required to convict an impeached official.
He acknowledged that two-thirds of 24 senator-judges equals 16 votes but said legal interpretation can consider both the literal wording of a law, or verba legis, and the purpose behind its enactment, or ratio legis est anima.
Four senators have missed significant portions of the trial.
Jinggoy Estrada, Rodante Marcoleta and Ronald dela Rosa have not attended any trial days. Estrada and Marcoleta remain detained over plunder cases, while dela Rosa has remained out of public view amid an arrest order from the International Criminal Court.
Senator Loren Legarda left the country in early August because of a medical issue, as prosecutors began presenting witnesses and evidence for Article I of the impeachment charges.
If four senators cannot vote, the number of votes needed for conviction could fall from 16 to 14. Under Panganiban’s interpretation that allows rounding down when a decimal falls below 0.5, the required number could fall further to 13.
