Suing senators during VP trial may just be ‘wrong timing’ – Barbers

MANILA, Philippines — Filing criminal cases against some senators during Vice President Sara Duterte’s impeachment proceedings may be just a case of “wrong timing, ” not manipulation to gather the votes needed to convict her, says former Rep. Robert Ace Barbers on Friday.

In an online news conference, Barbers made the distinction when asked whether the cases filed against senator-judges, which prevent them from participating and may even reduce the conviction threshold, could be challenged before the Supreme Court as grave abuse of discretion or deliberate manipulation of the impeachment process.

“It’s the right to go up to the Supreme Court and complain if they see grave abuse of discretion,” Barbers said in Filipino.

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READ: Here’s what amici curiae say about the impeachment voting threshold

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He pointed out, however, that the evidence being offered in the cases filed would have to be considered to determine whether the government action against the senators was abusive or merely coincided with the impeachment proceedings.

“If you have a case, and there’s evidence in that case, where’s the grave abuse of discretion there?” Barbers said.

He acknowledged that having criminal proceedings and an impeachment trial running at the same time could create questions about timing, particularly if the cases affect the ability of senator-judges to participate.

“In my view, it’s wrong timing that there’s a simultaneous impeachment trial and cases filed,” he said.

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The issue has become relevant to Duterte’s trial because some senator-judges have been unable to participate fully for different reasons, including detention, absence from the country, and medical leave.

Duterte’s camp has warned that allowing the denominator to fall below the full 24-member Senate could create an opportunity for those in power to target senators and thereby reduce the number of votes required for conviction.

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Presiding Senator-Judge Francis “Chiz” Escudero earlier ruled that 16 votes, or two-thirds of all 24 senators, are needed to convict Duterte.

At one point in the trial proceedings, Sen. Erwin Tulfo sought reconsideration of that ruling, leading the impeachment court to seek the views of four retired Supreme Court justices on how “two-thirds of all the Members of the Senate” should be computed if some senators cannot participate.

READ: Senate has ‘sole power’ to decide VP Duterte impeachment case – amici curiae

Retired Chief Justices Artemio Panganiban, Reynato Puno, and Hilario Davide Jr. gave different interpretations under which the denominator could change in certain circumstances.

Retired Associate Justice Adolfo Azcuna maintained that the full 24-member Senate should remain the basis for determining the threshold.

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The dispute will move to oral arguments on Sept. 23, when both the prosecution and the defense are scheduled to present their positions on the issue before the senator-judges. /atm