MANILA, Philippines — Only senators who participate in the impeachment trial of Vice President Sara Duterte should be allowed to vote on her conviction or acquittal, House prosecutor and Manila 3rd District Representative Joel Chua said on Saturday, June 13.
Speaking at the Saturday News Forum, Chua emphasized the importance of active participation in the proceedings, saying senator-judges must personally hear testimonies and examine evidence before rendering a verdict.
”This is a big issue when it comes to numbers because personally, I believe that only those who participate in the impeachment trial can vote. Because first of all, how can you vote if you are not participating in the impeachment trial?” Chua said.
The lawmaker, who is part of the 11-member House prosecution panel, said impeachment proceedings are comparable to court hearings, where judges evaluate not only the evidence presented but also the credibility and demeanor of witnesses.
”It can be compared to a court hearing where the judge can assess the demeanor of the witness if they are saying the truth or not. Part of their judgment rendering is based on mannerism on the conduct of witnesses in the witness stand,” he added.
Chua said observing witnesses firsthand is essential in determining whether their testimonies are truthful, adding that such assessments form part of the decision-making process in impeachment cases.
The House of Representatives impeached Duterte on May 11 on four grounds: alleged misuse of confidential funds under the Office of the Vice President and the Department of Education (DepEd), alleged unexplained wealth, alleged distribution of monetary gifts to DepEd officials, and alleged threats against President Ferdinand “Bongbong” Marcos Jr., First Lady Liza Araneta-Marcos, and former House Speaker Martin Romualdez.
Chua serves as second lead prosecutor for the article involving the alleged misuse of confidential funds and lead prosecutor for the article concerning the alleged distribution of monetary gifts to high-ranking DepEd officials.
He also said questions regarding voting and quorum requirements in the impeachment court could be raised before the Supreme Court.
”It’s not bad if it is applied here. The basis of the quorum is on 22, and not 24, because decisions not based on quorum seems not right,” Chua said.
His remarks came after the Senate declared a quorum on June 3 with 12 senators present in the plenary hall. Senate President Pro Tempore Sherwin Gatchalian cited the Supreme Court ruling in Avelino v. Cuenco, which states that 12 out of 23 senators constitute a constitutional majority for quorum purposes.
Meanwhile, Chua said the burden of proof remains with the prosecution regardless of whether Duterte personally appears before the impeachment court.
”If we properly present the pieces of evidence, it’s up to them how they will rebut the evidence presented. It’s up to them who they will choose to explain, may it be the vice president or the staff,” he said.
