Senator-judges can monitor trial outside of session hall – Tongol

MANILA, Philippines – Senator-judges are allowed to participate in an impeachment trial outside the session hall as long as they are within the Senate premises, Senate impeachment court spokesperson Atty. Reginald Tongol clarified on Wednesday.

This comes after Senator-judge Robin Padilla posted a photo of himself alongside Senator-judges Mark Villar and Christopher “Bong” Go tuning in to Vice President Sara Duterte’s trial last Monday at the Senate lounge instead of the session hall. 

“Nag-aapply diyan ang continuing quorum. Kapag ang isang  legislative person, senator or congressman ay nakapag-enter na ng kanyang presence sa plenary kahit lumabas siya diyan, continuing pa rin yung quorum… basta nandoon sila within the control of the Senate President,” Tongol said in a press briefing.

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(The continuing quorum applies here. When a legislative person, senator or congressman, has entered his presence in the plenary, even if he leaves there, the quorum is continuing… as long as they are within the control of the Senate President.)

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He added: “In legislative practice, that is considered legal because the Senate President has control over the antechambers and all the rooms in the Senate, at yung senators lounge yun naman ay nakatabi lamang sa plenary.”

(In legislative practice, that is considered legal because the Senate President has control over the antechambers and all the rooms in the Senate, and the senators lounge is just next to the plenary.)

READ: Adiong: Senators can judge evidence, witness better if they’re present

Padilla’s post gained scrutiny from the public, who pointed out that the three senators should be participating inside the session hall.

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House prosecution spokesperson Rep. Zia Alonto Adiong also pointed out that the senators are expected to observe the trial physically so they may have “first-hand knowledge” of how the witnesses answered, adding that even the witnesses’ mannerisms “play a significant part in the determination of either guilt or acquittal” of the respondent.

However, Tongol emphasized that this impeachment-court rule is adopted from Congress rules, noting that even at plenary sessions, members of both chambers can exit the session hall to grab a snack in their respective lounges./coa