Teleconferencing for detained senators depends on courts, not Senate rules

Even if the Senate amends its rules to allow remote participation through video conferencing, detained senators would still need court approval or permission from custodial authorities before they could join sessions online, a law professor said.

In a “24 Oras” report by Maki Pulido, UP professor Paulo Tamase said Senate rules alone cannot compel courts, jail authorities, or international bodies to allow detained lawmakers to participate remotely.

“Patakaran kasi ng Senado only allows them to virtually participate kung if ever matuloy yung amendment. Hindi niya binibigyan yung Senado ng kapangyarihan na ipag-utos or pilitan yung ibang ahensya ng pamahalaan na nasa ibang sangay ng gobyerno na ipamalakad yung patakaran ng Senado,” Tamase said.

(The Senate rules would only allow them to participate virtually if the amendment pushes through. It does not give the Senate the power to order or compel other government agencies from a separate branch of government to implement Senate rules.)

He explained that if Senator Ronald “Bato” dela Rosa were detained under Philippine authorities, he would need permission from local courts.

If Dela Rosa is turned over to the International Criminal Court (ICC), permission would have to come from the ICC.

“Kung nasa Philippine authorities siya, pwede siya humingi ng permiso mula sa mga korte natin kung may domestic na kaso. Kung sa international authorities naman, kailangan niyo humingi ng permiso mula sa ICC,” he added.

(If he is under Philippine authorities, he may seek permission from our courts if there is a domestic case. If he is under international authorities, he would need permission from the ICC.)

The debate over virtual participation emerged amid concerns from the Senate minority bloc that the proposed amendments may benefit senators facing legal troubles, investigations, or possible detention.

Former Senate President Franklin Drilon also warned that amended Senate rules could eventually affect impeachment proceedings because Senate rules may serve as supplementary rules for impeachment courts.

“Kasi ang subpoena, may sariling rules ang impeachment court, ngunit ang rules ng Senado ay supplementary in character at magamit po ‘yan,” Drilon said.

(The impeachment court has its own rules on subpoenas, but Senate rules are supplementary in character and may still be used.) — Sherylin Untalan/JMA, GMA News