Senator-Judge Panfilo Lacson has questioned former Supreme Court justices over how the impeachment court can ensure fairness if only 15 of the 24 senator-judges are able to attend the trial.
Lacson raised the issue during the appearance of former Supreme Court justices as amici curiae or friends of the court.
The senator-judge pointed out that two senator-judges are detained, one is abroad and another is in hiding, leaving 15 who can currently attend the proceedings.
Under the Constitution, conviction requires the votes of two-thirds of all Senate members, or 16 votes.
Lacson said the framers of the 1987 Constitution may not have anticipated such a situation when they set the voting requirement.
“Saan po mapupunta ang fairness sa Filipino people, kung walang mapanagot sa accountability?” Lacson asked, stressing that he was presenting only a hypothetical situation and was not declaring the respondent guilty.
Former Chief Justice Artemio Panganiban said fairness could be achieved through two-thirds of those present, arguing that the 15 senator-judges could still render justice.
But retired Associate Justice Adolfo Azcuna disagreed, saying that if there are still 24 Senate members, there can be no conviction with only 15 present because the Constitution requires two-thirds of all members.
Azcuna said the supermajority requirement is an internal check and acknowledged that there could be cases where impeachment does not result in accountability.
He added that other forms of accountability remain available, including criminal cases and elections.
Former Chief Justice Reynato Puno also appeared as an amicus curiae, while former Chief Justice Hilario Davide Jr. submitted a memorandum to the impeachment court.IMT
