Can Senator Bato dela Rosa join Sara Duterte’s impeachment trial online?

Senator Bato dela Rosa is again in hiding as he tries to evade an arrest warrant issued by the International Criminal Court over alleged crimes against humanity tied to Rodrigo Duterte’s bloody drug war.

With the impeachment trial scheduled on July 6, can he participate and vote on Sara’s impeachment trial without being physically present at the Senate impeachment court?

San Beda University College of Law professor Adonis Gabriel said the decision to allow Dela Rosa or any senator to participate in the impeachment trial will depend on the Senate as an impeachment court.

“Technically, the Senate can adopt a rule that would allow participation through video conferencing or online,” Gabriel said in a legal forum on Wednesday, May 20.

Senator Rodante Marcoleta, Dela Rosa’s ally, pushed to amend the Senate rules that would allow senators under “justifiable reasons” to attend and participate in the session through video conference. This proposal was referred to the committee on rules.

However, there’s a catch. Dela Rosa has yet to take his oath as a senator-judge, as pointed out by University of the Philippines College of Law professor Paolo Tamase at the same forum.

Article XI, Section 3, Paragraph 6 of the 1987 Constitution states that, “The Senate shall have the sole power to try and decide all cases of impeachment.

It specifies that “when sitting for that purpose, the Senators shall be on oath or affirmation.”

The Senate convened as an impeachment court on Monday, May 18, where the senators were sworn in as senator-judges. At that time, Dela Rosa was already in hiding.

For Tamase, the oath is not merely “an empty act of raising a hand.” It is, he said, “a ceremony that reminds people of how serious your job is.”

Tamase also noted that virtual participation in a Philippine impeachment trial has no precedent.

Meanwhile, Ma. Soledad Derquito-Mawis, Lyceum of the Philippines University College of Law Dean, said at the forum that while video conferencing has already been adopted in Philippine courts, active participation in an impeachment trial requires more than simply logging in remotely.

“He should ask the right questions. He should be able to appreciate the evidence during the trial proper,” Derquito-Mawis said. “Before he even gets to voting, what basis would he have if he is not consistently present in the Senate?”

Several senators have pushed back against the proposal to allow virtual participation in Senate sessions.

Senator Risa Hontiveros said the rules of the Senate have been clear. “Voting via online participation is only allowed in cases of force majeure and national emergency situations,” she said in mix of English and Filipino.

This was also echoed by senators Erwin Tulfo and Panfilo Lacson, saying this move will likely not succeed.

To convict the Vice President in the impeachment trial, at least 16 senator-judges must vote in favor of conviction. The Senate — especially the majority bloc led by Senate President Alan Peter Cayetano — is largely composed of senators with close ties to the Duterte family.

Dela Rosa previously served Rodrigo Duterte, Sara’s father, as Philippine National Police chief. Rodrigo Duterte is now detained at The Hague in the Netherlands, facing trial for alleged crimes against humanity. – Rappler.com