A House prosecutor is proposing that only senator-judges who actively participate in the impeachment proceedings of Vice President Sara Duterte should be allowed to vote in the final judgment, raising a procedural issue that may ultimately be resolved by the Supreme Court.
Manila 3rd District Rep. Joel Chua, who chairs the House Committee on Good Government and Public Accountability, said the Senate impeachment court’s eventual vote should be limited to those who attend and take part in the trial.
“Malaking isyu po ito po. Personally, naniniwala po ako, dapat po kung sino lang po ‘yung nagpapa-participate sa impeachment trial, dapat ‘yun lang ang boboto,” Chua said.
He questioned the basis for allowing non-participating senator-judges to render a verdict in a quasi-judicial proceeding.
“Kasi po, papaano ka boboto kung hindi ka naman nag-participate sa impeachment trial,” he said, adding that a judge must directly hear testimony before deciding on guilt or innocence.
Chua likened impeachment to a court proceeding rather than a legislative process, stressing that credibility assessment depends on firsthand observation of witnesses.
He said a senator-judge must evaluate witness demeanor and determine truthfulness based on what is presented in the trial.
“Hindi po natin puwedeng ipareha sa ordinary legislative na ginagawa po ng mga senador,” he said, noting that impeachment functions like a court hearing where judges assess testimony and conduct on the witness stand.
Chua also pointed to judicial review principles, saying appellate courts generally do not reassess factual testimony, reinforcing his argument that decision-makers must directly hear evidence.
“So ganun din po dito. Paano po sila (senator-judges) boboto kung ‘di naman nila nakita ‘yung testigo,” he said.
He said the issue remains unresolved and could eventually be elevated to the Supreme Court for interpretation.
“Sa end of the day, sa Supreme Court,” Chua said when asked who would settle the matter.
Chua also noted that the House prosecution team has not fully resolved its position, as it is currently focused on preparations for the pre-trial conference set for June 18, ahead of the July 6 trial proper.
“Ang pinaghahandaan po natin ngayon ay ang pre-trial conference. Ito po ay in passing pa lang namin napag-uusapan,” he said.
Another House prosecutor, Akbayan Rep. Chel Diokno, said while the Constitution fixes the two-thirds requirement for conviction, uncertainty remains on how that threshold is computed in relation to quorum and participating senator-judges.
“Yung isa na lang siguro magiging issue, and really this is not well settled by jurisprudence is how do you count the two-thirds,” Diokno said.
He noted that the Supreme Court has previously clarified quorum computation in Senate proceedings, shifting away from a strict 13-of-24 interpretation depending on circumstances.
“Kinlaro na ‘yan ng ating Supreme Court that it could be less than 13 depending on how many senators are within the coercive reach of the Senate,” he said.
However, Diokno said it remains unsettled whether the same principle applies to the impeachment court, leaving open the possibility of judicial intervention.
“So hindi rin natin alam kung paano ang magiging pagpapasya ng Supreme Court kung sakasakaling umabot doon itong issue,” he said.