Lacson says detained senator-judges can attend impeachment trial physically through 'leave of court'
By Dhel Nazario
At A Glance
- Senator Panfilo Lacson said senator-judges facing arrest or detention may still participate in Vice President Sara Duterte's impeachment trial if courts grant them leave to attend proceedings physically at the Senate.
- Lacson rejected online participation and voting for detained senators, saying Senate rules allow remote attendance only during force majeure, extreme circumstances, or national emergencies.
- He also warned that online participation could help law enforcers track Senator Ronald dela Rosa, saying authorities may trace his IP address if he logs into Senate sessions remotely.
There may still be a way for senator-judges in the impeachment trial of Vice President Sara Duterte, who are facing arrest and detention, to participate in the proceedings without resorting to online attendance or voting.
(MB file photo/Mark Balmores)
According to Senator Panfilo "Ping" Lacson, this will 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," he said in English and Filipino in a radio interview on Friday, May 29 on DZBB.
"Work-from-jail is not allowed," he added. "We cannot allow online participation because that is reserved for force majeure and national emergencies."
Presently, Sen. Ronald "Bato" dela Rosa faces arrest by virtue of a warrant issued by the International Criminal Court (ICC) in connection with the anti-drug war of the Duterte administration. He is in hiding.
Other senators face possible plunder and graft charges in connection with the flood control scandal, while another faces charges of plunder and indirect bribery involving campaign donations.
"The impeachment trial involves a Senate-created special tribunal tasked under the Constitution to try and decide impeachment cases. Under the Constitution, the Senate must convene as an Impeachment Court to conduct the impeachment trial," Lacson said.
Remote participation a double-edged sword
Meanwhile, Lacson noted that allowing online participation and voting in Senate proceedings - and possibly the impeachment trial - may be a double-edged sword, as it would increase the chances of the senators concerned being tracked down and captured.
He said that in the case of dela Rosa, law enforcers can track him once he logs into the Senate session.
“If dela Rosa wants to participate and uses his mobile device or laptop, he inadvertently helps law enforcement in tracking him down,” he said. "If the law enforcers see his IP address, they have a good chance of getting him.”