Senator Panfilo “Ping” Lacson proposed on Sunday, June 14 a mechanism that would allow senators who are detained to participate in the impeachment trial of Vice President Sara Duterte. 

Lacson said that while the composition of the Senate is the same as that of the Impeachment Court, the detention and preventive suspension of senators over the flood control mess may apply only to their function as legislators, as the Impeachment Court and Senate are separate entities.

“It is worth studying that while the Impeachment Court and Senate have the same composition, and this is subject to interpretation if it comes to that, the two are separate entities and the suspension of senators applies to their legislative functions and not to their duties as senator-judges,” Lacson said in English and Filipino in an interview on DZBB radio.

If, hypothetically, at least nine (9) senators are preventively suspended in connection with the flood control scandal, Lacson noted there may not be enough numbers to produce a clear verdict that some sectors wished for. 

Under the impeachment court rules, at least 16 votes are needed for a conviction. 

“What if nine senators are detained and 15 are left in the Impeachment Court? How will there be a clear decision to convict or acquit? Does it mean automatic acquittal because only 15 are available to vote? To me it should not,” Lacson said.

“If they are preventively suspended, we will respect the decision of the courts. But maybe we can make a motion for the purpose of the impeachment trial to stay their suspension, or interpret their suspension to apply only to their legislative functions as senators, but not to their duties as senator judges,” he said.

“Otherwise it's going to be a crisis. There might as well be no impeachment trial because there would be a foregone conclusion due to only 15 senator judges available," he added.

Lacson said the detained senators - if authorized by the courts - could attend the impeachment trial, escorted by the Bureau of Jail Management and Penology (BJMP) personnel.

The only potentially awkward situation would be the image of senators serving as "senator- judges by day and detainees by night" as they would be wearing their senator-judge robes during the trial - and their PDL uniforms once the trial for the day ends, Lacson noted.

Another option would be to postpone the trial until the 90-day preventive suspensions would lapse.

“It is good for legal eagles to discuss this early, to prepare for such a scenario,” he said.

He dismissed ex-Senate President Alan Peter Cayetano’s insinuation that the majority may seek to lower to 12 the threshold for voting to convict or acquit the vice president as “devious.” 

Nevertheless, he will abide by the Constitution's provision that only a vote by 2/3 of all members or 16 senator judges will be enough to secure a conviction.

“I can only speak for myself and I think some of my colleagues in the majority bloc, that we must stick to the Constitution first and foremost. Sixteen (16) votes or 2/3 of 24 will be needed to convict. You cannot subtract from that,” he said.