Ping Lacson suggests asking courts to allow senators to attend impeachment trial if detained

Senator Panfilo "Ping" Lacson on Friday suggested that the Senate impeachment tribunal ask the Sandiganbayan or other courts to allow senator-judges who are facing complaints or charges to physically participate in the trial of Vice President Sara Duterte should they be arrested and detained.

Lacson said this would remain in compliance with the Rules of the Senate, where online or remote participation and voting is allowed only in cases of force majeure or extreme circumstances, and in national emergencies.

"One remedy is for the Impeachment Court to ask the Sandiganbayan or any court/s to which their cases would be assigned for 'leave of court,' and if granted, order the Bureau of Jail Management and Penology or their custodian/s to escort them to the Senate so they may participate in the impeachment trial of the Vice President. The senator-judges will be physically present," Lacson said in English and Filipino in an interview on DZBB radio.

"Work-from-jail is not allowed," he added. "We cannot allow online participation because that is reserved for force majeure and national emergencies."

Lacson made the remark while discussing a hypothetical scenario in which the Senate could fall short of the votes needed to conduct the impeachment trial of Vice President Sara Duterte if several senators were detained.

Under the Constitution, two-thirds or 16 votes from the 24 senators are needed to convict an impeached official.

"Dapat pag-usapan namin kung ano ang remedyo para matuloy ang impeachment trial.Ang pwedeng gawin dun kung may nakakulong, kumuha ng leave of court, hindi 'yung online, kundi payagan sila ng korte, escortan sila sa Senado kung may authority o court order para mag-participate sila as senator-judges. Hindi pa rin pwedeng online," Lacson said.

(We would need to discuss possible remedies to ensure the impeachment trial proceeds. If some senators are detained, one option would be to secure leave from the court—not allow online participation. If the court permits it, they can be escorted to the Senate under court authority so they can participate as senator-judges. It still cannot be done online.)

On Tuesday, minority senators walked out of the session, opposing the proposed amendment widely seen as a move to allow Senator Ronald "Bato" dela Rosa, who is hiding from public eye amid the issuance of an International Criminal Court (ICC) arrest warrant against him, to attend and vote Plenary sessions online.

"Ang remedy doon, hihingi ng permiso sa korte ang impeachment court at kung papayagan ng Sandiganbayan, ie-escort sila para may quorum o may mangyari. Hindi pwedeng online," he said.

(The remedy would be for the impeachment court to seek permission from the court and, if allowed by the Sandiganbayan, have detained senators escorted so there would be a quorum and proceedings could continue. It cannot be done online.)

"Hindi naman pwedeng work-from-jail," Lacson added.

(Work-from-jail cannot be allowed.)

Under Section 41(b), Rule XIV of the Senate Rules, senators may convene through teleconference, video conference, or other reliable electronic means in cases of force majeure or a national emergency that prevents lawmakers from physically attending sessions.

However, University of the Philippines professor Paulo Tamase earlier noted that detained senators would still need court approval or permission from custodial authorities before participating remotely. He said Senate rules alone cannot compel courts, jail authorities, or international bodies to allow detained lawmakers to join proceedings online.

Senators moving to minority

Meanwhile, Lacson expressed optimism that the minority bloc could still gather enough support to regain the majority and install Senator Sherwin Gatchalian as Senate president.

"I hope so. Baka sakaling may ma-enlightened...at marealize nila na icorrect ang maging sa pananaw nila ay mali yung ginawa nila," he added.

(I hope so. Maybe someone will be enlightened and realize that what they did wrong needed to be corrected.)

With Dela Rosa absent from the Senate, the majority bloc effectively has 12 members, while the minority bloc has 11. –NB, GMA News