Impeachment voting should be limited to senators present — Constitution framer

One of the framers of the 1987 Constitution said Thursday that only senator-judges who participate in an impeachment trial should be able to vote on whether to convict an impeached official.

In an interview with Super Radyo dzBB, lawyer Rene Sarmiento said the 1987 Constitution states that "no person shall be convicted without the concurrence of two-thirds of all the Members of the Senate."

However, he believes it should be “two-thirds of all those present.”

“Nakalagay po sa ating Saligang Batas, the Senate shall have the sole power to try and decide all cases of impeachment,” Sarmiento said.

(It is stated in our Constitution that the Senate shall have the sole power to try and decide all cases of impeachment.)

“To try and decide, ibig sabihin present po ‘yung huwes. Napapanood po, nakikita po, nagmamasid kung ano ang kilos, hakbang, manerismo ng abugado at ng testigo,” he added.

(To try and decide means that the judge is present. The judge watches, sees, and observes the actions, steps, and mannerisms of the lawyer and the witness.)

Sarmiento said that framers of the US Constitution, which was the basis of the provision, sought an “active and functioning court.”

“Tama lang po. Paano bibilangin ‘yung wala? Nasa abroad? Nasa bilanguan? Nagtatago? Di ba unfair ‘yan sa impeachment proceedings,” he said.

(That is only right. How will we count those who are absent? Abroad? In jail? Hiding? Isn’t that unfair in impeachment proceedings?)

Meanwhile, he said the Supreme Court (SC) previously tackled the issue of “all members” when discussing the death penalty.

“Should it be signed by all the members of the court or only those present? Ang sabi po ng ating Korte Suprema sa dalawang desisyon na ito, ang mahalaga po ay all of the members present. Because they have read, they have observed, they have participated in the decision-making,” he said.

(Should it be signed by all the members of the court or only those present? What our Supreme Court said in these two decisions is that what matters is all of the members present. Because they have read, they have observed, they have participated in the decision-making.)

Didn't imagine senators would be detained, in hiding

According to Sarmiento, he and the other framers did not discuss such a scenario where senators are detained or in hiding, as they could not imagine it at the time.

He said the interpretation of the Constitution should be pragmatic and not textual.

“Ano ba ‘yung realidad sa ating kasalukuyan na panahon para mainterpret nang tama ang Constitution na ito,” he said.

(What is the reality in our present time so that this Constitution can be interpreted correctly?)

Earlier this week, Senator-Judge Erwin Tulfo sought a clarification on Escudero's ruling that the base vote to convict an impeached official is all 24 senators.

Currently, Senator Rodante Marcoleta is detained over a P75-million plunder case while Estrada is detained over a P573 million plunder charge and a graft charge.

Senator Ronald “Bato” Dela Rosa has not appeared in public since authorities attempted to serve an International Criminal Court arrest warrant against him in May.

Senator Loren Legarda, meanwhile, extended her medical leave from September 14 to 16.

Marcoleta, for his part, has insisted that he still has a voting capacity as a senator-judge in the impeachment trial despite being detained.

In July, the Sandiganbayan Fifth Division denied the motion of Estrada to attend the impeachment trial of Vice President Sara Duterte due to lack of merit. —AOL, GMA News