WATCH: Impeachment Court Can Lower Voting Threshold – Sarmiento, Carpio
Two legal luminaries explained that only senators who are present during the impeachment trial of Vice President Sara Duterte should vote on her cases.
Lawyer Rene Sarmiento, one of the framers of the 1987 Constitution, told “The Big Story” on One News that they did not foresee senators who would be fugitives or under detention when they crafted the constitutional provisions for the impeachment court.
He said the understanding was that senator-judges would be present, active, functioning and participative in the tribunal.
Sarmiento expressed belief that the voting threshold could be lowered, but the issue would likely be elevated to the Supreme Court.
Retired Supreme Court associate justice Antonio Carpio also said in an interview with “The Big Story” on Wednesday, Sept. 9, that the accountability of impeached officials supersedes the voting threshold.
According to Carpio, it does not make sense to count senators who have not participated in the trial and that two-thirds should be taken from the sitting senator-judges.
Senators Jinggoy Estrada and Rodante Marcoleta are detained for plunder, while Sen. Ronald dela Rosa is in hiding and Sen. Loren Legarda is on an extended medical leave abroad. Senators Alan Peter and Pia Cayetano have also left for personal travel overseas.
