Pimentel: No need for senator-judges to inhibit from Sara Duterte’s impeachment trial

Senate Minority Leader Aquilino “Koko” Pimentel III on Tuesday opposed calls for certain senator-judges to recuse themselves from the impeachment trial, saying that it may even benefit Vice President Sara Duterte if they do so.

In a press conference, the outgoing senator emphasized that two-thirds or 16 senator-judges need to say that Duterte is guilty or not guilty before she gets convicted or not.

“‘Yung mga senador na magiging judges, ipaabot hanggang dulo sa decision nila so that they will now state their decision — guilty or not guilty — tapos taumbayan na ang huhusga sa desisyon ng bawat senador,” Pimentel said.

(Let the senator-judges stay until the end so that they can state their decision — guilty or not guilty — then let the people judge them according to their decision.)

“‘Pag nag-inhibit, nakakalusot pa siya eh, hindi na niya kailangan sabihin kung ano ang decision niya —guilty ba or not guilty. Na-excuse pa siya tapos ‘yung kanyang absence ay pabor pa sa not guilty,” he added.

(If someone inhibits, he or she will get away with stating his or her decision whether guilty or not guilty. He or she will be excused and his or her absence will favor those who would vote not guilty.)

Senate President Francis “Chiz” Escudero on Monday explained that it is up to any senator-judge to inhibit from the impeachment trial of Vice President Sara Duterte as the decision is “voluntary.”

Atty. Christian Monsod, one of the authors of the 1987 Constitution, said he believes Senators Ronald “Bato” dela Rosa and Francis Tolentino should inhibit themselves from sitting as senator-judges after they sought to dismiss the impeachment complaint against Duterte.

Meanwhile, the ACT Teachers Partylist also called on Senators Imee Marcos and Robin Padilla to recuse themselves from the impeachment trial, after they went with Duterte to Kuala Lumpur, Malaysia and openly expressed their support for her.

For her part, Duterte said that senator-judges should not be urged to recuse themselves from the impeachment trial solely based on their political bias.

If that were the case, the Vice President said that those who are not in favor of her, including Senator Risa Hontiveros, should also be barred from the impeachment trial.

Pimentel explained that if a senator-judge inhibits, this may even favor Duterte and result in her non-conviction.

“Kailangan 16 talaga ang magsabi ng guilty… Wala nang kailangan sabihin ang [8], basta 16 ang magsabi ng guilty. ‘Pag hindi tayo maka 16 na nagsabi ng guilty, kasi tumahimik lang ang [8], not guilty. Not convicted,” he said. 

(There should be 16 senator-judges that have say she’s guilty. The other 8 don’t have to say anything, as long as 16 have already said she’s guilty. If can’t reach 16, because others just stayed quiet, then she is not guilty, not convicted.)

‘Return to sender’

Pimentel also said the move of the Senate impeachment court to return to the House of Representatives the articles of impeachment may pose legal questions, resulting in further delays in the trial.

“Imbis na simplehan mo ang proseso na madaling maintindihan ng lahat, hindi lang ng taumbayan but pati ‘yung parties to the case para madaling maka-comply, diretso lang sana, medyo lumiko ka…marami ngayong maka-imagine ng legal issues,” he said.

(Instead of simplifying the process so that it is easy for everyone to understand, not only for the public but also the parties to the case so that they can easily comply, you made it more confusing, so many people can now think of legal issues.)

“So all the more hindi tuloy napabilis o dumiretso yung daan. Sa pag-detour mo, meron ngayon nagtatanong saan ba papunta? ‘Yung pag-detour mo, tamang ruta pa ba yan? Pwedeng manganak ng mga legal cases. Eh ‘pag may mga legal cases na, napo-focus ka na doon sa legal cases, hindi na sa main issue,” he added.

(So all the more it became complicated. When you detour, someone would ask where are you going? Is that still the right route? It can give rise to legal cases. If there are legal cases, you would only focus on that and not on the main issue anymore.)

The Senate, sitting as an impeachment court, last Tuesday voted 18-5 to bring Duterte’s case back to the lower chamber without dismissing or terminating it.

The House of Representatives impeached Duterte on February 5, with over 200 lawmakers endorsing the complaint. The articles of impeachment were transmitted to the Senate the same day, but the upper chamber adjourned without tackling the impeachment case.

Duterte was accused of betrayal of public trust, culpable violation of the constitution, graft and corruption, and other high crimes. — BAP, GMA Integrated News