Puno: Wrongfully preventing a senator-judge from taking part in an impeachment trial could expose the entire proceeding - including an eventual verdict - to Supreme Court review and possible nullification, retired Chief Justice Reynato Puno warned Wednesday.

According to Philippines News Agency, Puno highlighted the dangers of excluding a senator-judge from the impeachment trial, which could lead to a review by the Supreme Court and potentially void the entire process. He emphasized the importance of adhering to constitutional standards and warned against actions that might violate these principles during the trial of Vice President Sara Duterte.

Puno, serving as amicus curiae, addressed the Senate impeachment court regarding the disputed voting threshold. He stated that denying any senator-judge the right to participate in the trial could result in Supreme Court intervention. He underscored the potential consequences, including the annulment of proceedings, the nullity of the decision, and the dismissal of the case against any respondent.

He asserted that the Constitution grants the Senate the 'sole power to try and decide' impeachment cases, which includes interpreting the rules and constitutional provisions governing the proceedings. However, he clarified that this autonomy does not exempt the Senate from judicial review, especially when due process and the right to an independent and impartial tribunal are at stake.

Puno further explained that senator-judges are distinct from regular court judges and that how the Senate conducts the trial or evaluates evidence is generally within the purview of the impeachment court. He advised against automatically disqualifying a senator from voting due to absence or legal incapacity, advocating for a contextual and functional interpretation of the Constitution.

He cautioned against disqualification based solely on missing portions of the trial, noting that judges often rely on transcripts, affidavits, and records when rendering decisions. This approach allows for flexibility in determining the voting base and upholds the integrity of the impeachment process.