影片說明
As the Senate convenes as an impeachment court for Vice President Sara Duterte, legal experts are weighing whether Senator Ronald “Bato” dela Rosa, whose whereabouts remain undisclosed amid a looming arrest warrant from the International Criminal Court (ICC), may participate and vote in the proceedings.
University of the Philippines College of Law Associate Dean Atty. Paolo Tamase said technical rules may allow participation through video conferencing, but stressed that the matter ultimately depends on the Senate’s internal rules.
“Meron pong resolution na inihain sa Senado na i-allow ang online voting or participation sa impeachment trial…. So since ito po ay isang internal rule, ang magde-decision po kung pwede o hindi at ang Senado bilang taga-usig at binigyan ng Constitution na mag-decision sa mga impeachment case,” he said in a media forum on Wednesday, May 20.
Tamase noted, however, that previous impeachment trials did not permit remote participation.
Another issue being raised is Dela Rosa’s oath-taking. The senator was absent during the oath-taking ceremony held last Monday, which legal experts say could affect his eligibility to participate in the trial.
“Mayroon kasing textual requirement sa salingang batas na kailangan mag-oath yung senator before siya umupo sa isang impeachment trial,” Tamase said.
He added that while remote oath-taking may be possible in some instances, Dela Rosa would still need to disclose his location because the oath must be administered within Philippine territory to be considered valid.
“Kapag remote oath, kailangan nasa Philippine Territory pa rin? Important limitation yun, yung pagbibigay kasi ng oath, restricted siya dun sa teritoryo nung tao na nagbibigay ng oath,” he explained.
Beyond the question of voting, Lyceum of the Philippines University College of Law Dean Atty. Ma. Soledad Deriquito-Mawis emphasized that active participation in the trial is equally important.
“Kailangan ng isang mapanuring partisipasyon. He should ask the right questions, he should be able to appreciate the evidence during the trial proper. Bago siya makarating sa botohan, ano ang pamantayan niya kung wala siya lagi sa Senado? That’s very important. It’s not just voting but also his active participation,” she added. — Report from Allison Co, ABS-CBN News
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