Bato Dela Rosa can't attend plenary session, impeachment trial remotely - Senate rules

Senator Ronald “Bato” dela Rosa is not allowed to attend or participate in the Senate’s plenary sessions and the impeachment proceedings against Vice President Sara Duterte through teleconferencing for now, according to the upper chamber’s rules.

Rule XIV, Section 41 of the Senate rules state that the Senate President “may convene and hold the session through teleconference, video conference, or other reliable forms of remote or electronic means, using appropriate information and communications technology systems, due to force majeure or the occurrence of a national emergency as determined by the majority of all the members of the Senate which may prevent the convening of the Senate or the physical presence of its members in the session hall.”

A senator who declined to be quoted pointed out this provision in the upper chamber’s rules after Senator Rodante Marcoleta proposed to amend the Senate rules to allow a senator to attend plenary sessions through teleconferencing and other means for justifiable reasons.

Meanwhile, a law expert said Dela Rosa could still attend the impeachment trials remotely provided that it would be allowed by the Senate leadership. But this could be questioned by the Supreme Court.

“Technically pwede po mag-adopt ng rule ang Senado na mag-allow ng participation through video [teleconferencing],” said Adonis Gabriel of San Beda University in Chino Gaston’s report in “24 Oras” on Wednesday.

It may be recalled that on May 11, Marcoleta moved to amend the Senate rules to “allow a senator for justifiable reasons to attend and participate in the session through teleconference, video conference, or other reliable forms of remote or electronic means, using appropriate information and communications technology.”

There was no objection to the proposed amendment, but it was referred to the Senate committee on rules where it is still pending.

For her part, Batangas lawmaker Gerville Luistro, who will be one of the impeachment prosecutors, said that a senator judge must be physically present during the trial.

“My personal opinion is the senator judges should be personally present. This is paramount because this is a constitutional mandate to have a correct appreciation of all the evidence to be presented,” said Luistro.

And even if the Senate rules are changed, other legal experts state that Dela Rosa will still need to take his oath in person before the Senate prior to assuming his seat as a senator judge.

“Hindi oath na nanumpa ka para mag-notaryo. Oath ito to perform an important function, a constitutional duty,” said Paolo Tamase, associate dean of the University of the Philippines College of Law.

(This is not like an oath you take to become a notary public. This is an oath to perform an important function, a constitutional duty.)

“Dapat mag-participate siya kung sakaling payagan. Be present even through video conferencing para makapag-participate siya, hindi yung nag-oath tapos bahala na tapos magpapakita lang sa botohan. Kailangan mag-participate siya... and he should disclose his whereabouts,” said Ma. Soledad Margarita Deriquito-Mawis, dean of the Lyceum of the Philippines College of Law dean.

(He must participate if ever he is allowed. He should be present even through video conferencing so he can participate, rather than just taking the oath and leaving the rest to fate, only to show up during voting. He needs to participate... and he should disclose his whereabouts.)

Last week, Dela Rosa left the Senate premises – where he was under protective custody – amid an arrest warrant issued by the International Criminal Court (ICC) over his role in the war on illegal drugs.

This was not the first time proposals were made for senators to attend plenary sessions remotely.

In 2019, then-Senate Majority Leader Franklin Drilon and Senator Panfilo “Ping” Lacson filed a resolution seeking to allow then-Senator and incumbent ML Party-list Rep. Leila de Lima to participate in plenary sessions through teleconferencing.

The proposed resolution remained pending at the committee level. — JMA/RF, GMA News