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Lawyer Rico Domingo criticizes the passive role of senator-judges in the impeachment trial, urging them to challenge the presiding officer's decisions rather than accepting them unconditionally. He highlights the case of former senator Antonio Trillanes, who felt excluded despite attempting to volunteer as a witness.
The senator-judges should not always agree with whatever the ruling made by the presiding officer amid the ongoing impeachment trial of Vice President Sara Duterte, a lawyer said on Sunday.
Senate Judges Should Challenge Ruling Decisions
"The presiding officer is presiding officer only. If other senator-judges have a contrary opinion to what the presiding officer says, they can put that to a vote. Unfortunately, it seems the other senator-judges are just leaving things to the presiding officer, without contradicting him," said Rico Domingo, chairperson of Movement Against Disinformation, in an interview with Super Radyo dzBB.
Domingo, a former president of the Philippine Bar Association, made this statement after former senator Antonio Trillanes IV held a press conference following the withdrawal of his name as a witness in the impeachment trial. Trillanes expressed frustration at the lack of subpoena issued by the trial, and urged the Senate impeachment court's presiding officer, Francis Escudero, to prioritize the presentation of evidence over technicalities.
The former senator also felt unwelcome because the presiding officer refused to issue a subpoena for his appearance.
Technical Rulings and Witness Rights
"If the presiding officer were not a lawyer, perhaps they would allow what Senator Trillanes wants to say," said Domingo. "Unfortunately, the presentation or the ruling of the presiding officer is too technical. It appears that former senator Trillanes has a sense that he will not be allowed to speak, even assuming he was subpoenaed or not.
" Furthermore, Domingo argued that Escudero should have permitted the House prosecution panel to present Trillanes as a witness. "If they do not agree with the ruling of the presiding officer, for example, in this particular case about whether to present Senator Trillanes at that time, it should have been granted because, after all, according to jurisprudence, the prosecution panel has the right to present witnesses at its own discretion, and the presiding officer should not interfere.
" However, Senator-judge Panfilo 'Ping' Lacson previously stated that the decision not to subpoena Trillanes was not solely Escudero's responsibility. Lacson explained that the House prosecution panel did not submit Trillanes' name in time for the issuance of a subpoena. Despite this, he reiterated that Trillanes still would have been allowed to appear as a voluntary witness.
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