The recusal or inhibition of a senator-judge in an impeachment proceeding cannot happen unless the senator is removed officially through an ethics case or disciplinary proceeding conducted the Senate Committee on Ethics and Privileges. true>false>false>false>Senate President Francis “Chiz” Escudero pointed this out in a press briefing as he rejected mounting calls for Senators Imee Marcos, Robinhood “Robin” Padilla and Ronald “Bato” Dela Rosa to self-inhibit from the impeachment trial of Vice President Sara Duterte due to perceptions of bias. 

“Based on the rules, and based on the ruling of the (presiding) chair during the impeachment trial of Chief Justice (Renato) Corona, which will serve as a precedent, a senator-judge can only be reoved as a senator under the ethics and disciplinary procedure of the Senate; not to inhibit as an impeachment judge,” Escudero told reporters on Monday, June 16.

But in the usual course of impeachment proceedings, the Senate chief said the inhibition or recusal of a senator-judge is voluntary on the part of the impeachment court judge himself.

He cited the case of then Sen. Franklin Drilon who was asked to inhibit during the Corona impeachment trial due to perceptions of impartiality.

“Generally, the recusal or inhibit is voluntary on the part of the impechment court judge. We’ve seen that happen in past impeachment cases,” 

“If you remember the defense panel back then asked senator-judge Drilon to inhibit during the impeacment trial of Chief Justice Corona,” he pointed out.

“The decision of the impeachment court back then is that they can’t put it into a vote. And neither was it taken up by the impeachment court precisely because it’s the voluntary decision of an impeachment court judge,” he reiterated. 

“To me, we will apply the same precedent, and not only rules on inhibition. It is voluntary on the part of the impeachment court judge and that cannot be forced to anyone who is in favor of vice president Sara or against vice president Sara, whether or not they are in favor or against the impeachment,” Escudero explained. 

The Senate leader’s explanation comes after the vice president herself said that senator-judges should not be urged to recuse themselves from the impeachment trial solely due to their political bias. 

According to Duterte, should that be the case, Sen. Risa Hontiveros should also be barred from the impeachment trial since she is one of her vocal critics.

The Vice President said the senators standing as judges during the impeachment trial should be given the benefit of the doubt that they will properly do their jobs.