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The Senate, sitting as an impeachment court, said it would leave the decision to the Sandiganbayan on whether Sens. Rodante Marcoleta and Jinggoy Estrada, both detained for plunder cases, can be allowed to vote in the impeachment trial of Vice President Sara Duterte. Jonathan Cellona, ABS-CBN News/File
MANILA — The Senate, sitting as an impeachment court, discussed Tuesday who would decide whether Senators Rodante Marcoleta and Jinggoy Estrada, both detained for plunder cases, can be allowed to vote in the impeachment trial of Vice President Sara Duterte.
“One of the two colleagues of us are even texting us. But our decision was to leave it under the Sandiganbayan because they are not under our jurisdiction anymore,” Sen. Raffy Tulfo said Tuesday.
He added: “It was the Sandiganbayan who placed them there and not the Senate.”
"Payagan silang mag-monitor if they want to vote pero bawal naman atang magkaroon ng television sa selda. So kung ‘di sila nakakapag-monitor sa proceedings, then they cannot vote intelligently because they haven’t heard the discussions," Tulfo also said.
Sen. Pia Cayetano reiterated that Marcoleta and Estrada, her colleagues in the minority bloc, “would like to participate.”
She said the Senate as a body could defend that the Constitution mandates all members of the Senate to vote.
Sen. Francis Escudero, trial presiding officer, said a letter submitted by Marcoleta expressing his intent to participate in the impeachment trial has been referred to the Senate.
He added only the Senate, as a legislative body and not as an impeachment court, can decide on the matter.
Sen. Erwin Tulfo earlier urged the court to revisit the conviction threshold, citing senator-judges who cannot and do not attend the impeachment proceedings.
The Constitution requires 16 votes — a two-thirds majority of the 24-member Senate — to impeach Duterte.
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Aside from Marcoleta and Estrada, Sen. Ronald “Bato” Dela Rosa has also not attended a single proceeding, as he remains in hiding, dodging an arrest warrant issued by the International Criminal Court.
Sen. Loren Legarda meanwhile extended her “medical leave,” which began Aug. 3, until next week.
Escudero said the court would seek the opinion of amici curiae, or friends of the court, on the voting threshold and allow both the prosecution and the defense to present their positions before the matter is put to a vote.
The impeachment court will hear the amici curiae on September 16, with no trial scheduled that day.
Oral arguments from the prosecution and Duterte’s defense will follow on September 23, with each side given 15 minutes to present its position.
The senator-judges will then vote on the issue on September 23. — With reports from Jaehwa Bernardo and Chalssea Kate Echegoyen, ABS-CBN News
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