Manila: Senator-judges must personally engage with the evidence in an impeachment trial before exercising the power to decide an official's fate, retired chief justice Artemio Panganiban told the Senate impeachment court Wednesday. Panganiban emphasized that the constitutional duty of senator-judges requires more than simply being counted as members of the chamber, stressing that 'active participation and independent evaluation of the evidence are essential' to meaningful adjudication.
According to Philippines News Agency, Panganiban stated that determining truth involves studying documents, hearing witnesses, and observing their demeanor on the stand - including their body language, tone of voice, and spontaneity in answering questions. Fairness, meanwhile, requires giving both sides the opportunity to present and explain their case before judgment is rendered.
Panganiban noted that this duty cannot be performed in the shadows of absence or from legal impediments. He cited instances where senators might be abroad, in hiding, legally detained, sick, or hospitalized, which would prevent them from personally following the presentation of evidence.
To illustrate, Panganiban contrasted senator-judges attending the proceedings with those who might be 'looking at the pyramids along the Nile,' shopping in Paris, or riding gondolas in Venice while the trial continues in Manila. His position directly impacts Senator-Judge Erwin Tulfo's appeal of presiding officer Francis 'Chiz' Escudero's ruling that 16 votes, or two-thirds of the full 24-member Senate, are necessary to convict Vice President Sara Duterte.
Tulfo has requested clarification from the court on whether senator-judges unable to participate in the final vote should remain part of the base used to compute the constitutional two-thirds requirement. The issue has gained significance as some senator-judges are currently unable to regularly attend the proceedings for reasons such as detention, medical leave, and being in hiding.
Panganiban, however, approached the dispute from the responsibility of the individual senator-judge rather than mathematics alone. He emphasized that senator-judges are not ordinary magistrates but elected representatives tasked to decide impeachment cases according to the 'common sense of the people,' guided principally by truth and fairness.
