Sen. Panfilo Lacson has warned that the impeachment process could face complications if senators facing detention or preventive suspension are barred from participating as senator-judges in impeachment proceedings.
In an interview on Sunday, Lacson said he has several proposals to ensure that the impeachment court can function fully even if more senators are affected by pending cases, particularly in connection with alleged irregularities in flood control projects.
He noted that the Senate sitting as an impeachment court has the same composition as the legislative body, but suggested that detained senators may still be allowed to participate in impeachment proceedings if courts permit their attendance.
Lacson raised a hypothetical scenario in which up to nine senators could be preventively suspended, which he said could reduce the number of voting senator-judges and affect the required two-thirds threshold of 16 votes needed for conviction.
“What if nine senators are detained and only 15 are left in the impeachment court? How will there be a clear decision to convict or acquit?” he said, adding that such a situation could create a “crisis” in the impeachment process.
He suggested that legal remedies could be explored, including allowing attendance of detained senators under escort or interpreting suspensions as applicable only to legislative duties and not to their functions as senator-judges.
Lacson also floated the possibility of postponing impeachment proceedings until preventive suspensions lapse, saying the issue should be studied carefully by legal experts in advance.
On concerns over possible changes to the voting threshold, Lacson rejected suggestions of lowering the constitutional requirement, calling it improper and emphasizing adherence to the two-thirds rule of 16 votes out of 24 senators.
He said the Constitution must prevail in determining the outcome of impeachment cases, regardless of evolving circumstances within the Senate.