Ping Lacson: Detained senators could affect Sara Duterte impeachment trial

There is a possibility that the impeachment trial against Vice President Sara Duterte may not push through if up to nine senators would be detained due to the flood control scandal, Senator Panfilo Lacson said.

According to Jonathan Andal’s report in “24 Oras Weekend” on Sunday, there are eight senators currently facing complaints, including Senator Jinggoy Estrada who is now detained.

The Office of the Ombudsman said it is currently investigating nine to 10 senators for plunder and other alleged violations.

The 1987 Constitution states that “no person shall be convicted without the concurrence of two-thirds of all the Members of the Senate.”

“It’s going to be a crisis. Walang impeachment na magaganap kasi forgone na ‘yung decision na hindi mako-convict. Kasi kung 15 lamang naiwan na senador or senator judges,” said Lacson.

(It’s going to be a crisis. No impeachment trial will take place because the decision that she won’t be convicted is already a forgone conclusion. Because what if only 15 senators or senator-judges are left?)

“Ang ibig sabihin ba no’n, automatically acquitted, dahil 15 lang ang puwedeng bumoto? Sa akin hindi, dahil hindi naman sila convicted, sila naman ay part pa ng Senate, unless preventively suspended. Hypothetical pero in the realm of possibilities, pwedeng mangyari,” he added.

(Does that mean she is automatically acquitted just because only 15 can vote? To me, no, because they are not yet convicted, they are still part of the Senate, unless they are preventively suspended. It’s hypothetical, but in the realm of possibilities, it could happen.)

In the event that more senators would be locked up, Lacson is proposing that permission be sought from the Sandiganbayan to allow detained senators to participate in the impeachment trial.

“Ang medyo awkward lang doon, dahil naka-robe sila as judge pagka-araw, tapos naka PDL uniform sila sa gabi pagkauwi,” Lacson said.

(What's a bit awkward about that is the optics. Because they would be wearing robes as judges during the day, and then they’d be wearing PDL uniforms when they go home at night.)

Earlier, Senator Alan Peter Cayetano floated the idea of lowering the required number of votes from 16 to 12 to impeach someone.

“Are we going to really have an impartial trial or aayusin at luto na ‘to? Are we gonna tell them the truth that dapat 16 to convict or babawasan natin ng anim na senador para 12 na lang?” he said on June 12.

(Are we really going to have an impartial trial or is this already rigged and predetermined? Are we gonna tell them the truth that it should take 16 votes to convict, or are we going to reduce it by six senators so it’s down to just 12?)

For Lacson, Cayetano’s suggestion is a bit “devious.”

“Medyo devious ‘yun. Ako and some members, nags-stick kami sa 16 to convict, no matter what the base number is, our base number will always be 24. Ang mag-motion diyan na baguhin ang base number, either prosecution at defense,” he said.

(That’s a bit devious. For me and some members, we are sticking with 16 to convict; no matter what the base number is, our base number will always be 24. Whoever files a motion to change the base number will be either the prosecution or the defense.)

Meanwhile, House prosecutor and Bicol Saro Party-list Rep. Terry Ridon said they are still looking for 16 votes.

“Talagang pinaghahandaan naming bilang to convict the vice president is 16,” he said.

(The number we are really preparing for to convict the vice president is 16.)

GMA News is trying to reach out to Duterte’s legal team for comment.

The House prosecution said they would oppose it if the impeachment trial will be moved to a later date, if more senators end up detained.

House prosecutor and Manila 3rd District Rep. Joel Chua said they will submit their pre-trial brief on Monday, June 14.

Meanwhile, the pre-trial conference at the Senate will be on June 18 and the trial will start on July 6. — Vince Angelo Ferreras/JMA, GMA News