Logically, the defense panel, not a senator-judge, should be the one to move to dismiss the impeachment case against Vice President Sara Duterte.
Incoming Senator Panfilo “Ping” M. Lacson stressed this on Wednesday as he pointed out that senators acting as judges in the impeachment trial must not only appear but must act with the cold neutrality of an impartial judge.
“I would like to believe that a motion to dismiss belongs to the defense panel. And where have you seen a judge moving to dismiss a case?” Lacson, who had served as a senator-judge and may serve in the same capacity if the impeachment case crosses over to the 20th Congress, said in Filipino in an interview on Newswatch Plus.
In Filipino: Ping Lacson: Defense Panel, at Hindi Senator-Judge, ang Dapat Magpa-Dismiss ng Impeach Case vs VP Duterte
Lacson said it was worse when Sen. Ronald dela Rosa made his call to dismiss the case before the Senate convened into an impeachment court, since the Senate as a legislative body has no right to dismiss an impeachment case.
Even if the move was done after the Senate was constituted into an impeachment court, it is still improper, he said.
“I cannot imagine a judge presiding over a case being the one to move to dismiss it,” Lacson said. “Isn’t it funny to hear a judge moving to dismiss a case he himself is trying?”
“You are sitting as a senator judge but you already have prejudgment. You haven’t seen the evidence yet, but you already formed a judgment and moved to dismiss the case,” he added.
But Lacson said there may be nothing to gain from having senator-judges inhibit because of prejudgment, saying this could potentially mean a lack of the needed 16 votes or two-thirds of the 24 senator-judges to convict.
Meanwhile, Lacson noted that moves to block the impeachment trial may be harmful to the Vice President, since the accusations and allegations against her will remain hanging.
“Some of our countrymen would be thinking the Vice President is guilty because the trial did not push through. But if all pieces of evidence are presented in an impeachment trial, the public will witness the presentation of evidence and draw their own conclusions on whether the Vice President is innocent or not,” he said.
“As potential senator judges, we also want to see the evidence. If it’s not enough, sorry we have to acquit. But if we see the evidence is strong, sorry to the respondent but we have to convict,” he added.
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Ping Lacson: Defense Panel, at Hindi Senator-Judge, ang Dapat Magpa-Dismiss ng Impeach Case vs VP Duterte
Kung susundin ang lohika, tanging defense panel lamang – at hindi ang senator-judge – ang pwedeng kumilos para ibasura ang impeachment case laban kay Vice President Sara Duterte.
Iginiit ito nitong Miyerkules ni incoming Sen. Panfilo “Ping” M. Lacson, na nagsabing ang mga senador na uupo bilang huwes sa impeachment trial ay dapat patas at walang kinikilingan.
“I would like to believe ang may karapatan lang na mag-move to dismiss a case, ang defense panel. Kasi saan ka nakakita ng judge na nag-move to dismiss?” ani Lacson, na nagsilbi na bilang senator-judge at maaaring maging senator-judge muli kung tumawid sa 20th Congress ang impeachment case, sa panayam sa Newswatch Plus.
Ani Lacson, mas masama na isinulong ni Sen. Ronald dela Rosa ang pagbasura sa kaso bago mag-convene ang Senado bilang impeachment court, dahil walang karapatan ang Senado bilang legislative body para magbasura sa impeachment case.
Dagdag ni Lacson, hindi pa rin ito nararapat kahit ginawa ito matapos mag-constitute ang Senado bilang impeachment court.
“I cannot imagine a judge presiding over a case being the one to move to dismiss it.” aniya. “Hindi ba it’s kind of funny to hear a judge moving to dismiss a case that he himself is trying?”
“Uupo kang senator judge, meron ka nang prejudgment. Di mo pa nakikita ang evidence, meron ka nang judgment na gusto mong idismiss ang kaso,” dagdag niya.
Nguni’t ipinunto din ni Lacson na wala ring mapapala kung ipapa-inhibit ang mga senator-judges dahil sa “prejudgment,” dahil maaaring kulangin ang kinakailangang 16 boto o 2/3 ng 24 senator-judges para mag-convict.
Binanggit din ni Lacson na maaaring makakasama sa Bise Presidente ang mga galaw para harangin ang impeachment trial dahil mananatiling nakabitin ang mga akusasyon laban sa kanya.
“Some of our countrymen would be thinking guilty siguro yan kaya di natuloy ang trial. Maraming speculations. But if all pieces of evidence are presented in an impeachment trial, the public will witness firsthand the presentation of evidence, magko-conclude sila wala palang laman ang Articles of Impeachment, so walang kasalanan si Vice President, hina-harass lang nila. On the other hand kung makita nilang sobrang tibay, sobrang lakas ng ebidensya, walang parameters or threshold kung preponderance ba or guilt beyond reasonable doubt ba pinaguusapan dito,” aniya.
“Kami rin as potential senator judges, ang papasok na 12, gusto rin naming makita (kung) anong ipapakita ninyong ebidensya? Kung wala, sorry, we will have to acquit. If on the other hand nakitang on the other hand ang lakas ng ebidensya, sorry naman doon sa respondent, we will have to convict,” dagdag niya.
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