Manila, Philippines — Detained Senator Rodante Marcoleta may still attend the impeachment hearing despite being under detention, according to Senator Erwin Tulfo during the Manila City Hall Reporters’ Association (MACHRA) Balitaan held at Harbor View on Tuesday.
Tulfo explained that a senator’s detention does not automatically strip them of their authority to perform their duties as a lawmaker. He said that as long as the senator has not been suspended, they may still participate in impeachment proceedings, provided the court grants permission.
“Si Senator Marcoleta ay hindi naman sinuspende. Rehistrado po siya. It’s not preventing him from attending. Depende sa lawyer ni Marcoleta at magpaalam sa korte kung puwedeng umattend ang kanyang kliyente sa impeachment trial. Constitutional duty po iyon,” Tulfo said.
The senator added that attending an impeachment trial is a constitutional responsibility of every member of the Senate. He stressed that unless a senator has been legally stripped of the right to serve, they may continue performing their official duties, including taking part in impeachment proceedings.
However, Tulfo clarified that the situation of Senator Jinggoy Estrada is different. According to him, Estrada’s right to serve as a senator has been suspended, making him ineligible to participate in the impeachment hearing while the suspension remains in effect.
Tulfo also pointed out that 16 votes are required to convict an official in an impeachment trial, in accordance with the Constitution, which requires the concurrence of two-thirds of all Senate members.
He emphasized that the required number of votes cannot simply be reduced even if some senators are absent, detained, or facing legal cases, as the voting requirement is explicitly mandated by the Constitution.—Graciella Diez, Contributor