Sara Duterte trial: Possible recusal of some senator-judges to raise new legal question

MANILA — The possible recusal or inhibition of some senator-judges in the looming impeachment trial of Vice President Sara Duterte would birth a new constitutional question, the spokesperson of the tribunal said Monday.

Some — including Christian Monsod, a framer of the 1987 Constitution —  have sought the withdrawal of a few senator-judges in the impeachment trial of Duterte due to their perceived conflict of interest in the case.

While Monsod refused to name which senator-judges he had in mind, some pointed out that the crafting of resolutions by Sens. Ronald "Bato" dela Rosa and Robin Padilla to junk Duterte's impeachment case altogether could mean they were already taking sides.

Impeachment court spokesperson Reginald Tongol said that through the suppletory application adopted by Senate President Francis "Chiz" Escudero, the tribunal's presiding officer, a voluntary recusal is possible.

Other senator-judges, the House prosecution panel, or the defense team of Duterte could also raise a bid for recusal, he told ANC.

Duterte impeachment trial: House prosecutors to mull possible bid for recusal of some senators

The possible inhibition of a senator-judge in the trial, however, would open a fresh constitutional question: what is now the basis of the impeachment court to acquit or convict Duterte? 

The Constitution says that "No person shall be convicted without the concurrence of two-thirds of all the Members of the Senate."

The effect of recusals "is not clear," Tongol says, because the charter is quiet on this case, which he believes may reach the Supreme Court.

Paolo Tamase, an assistant professor at the University of the Philippines College of Law, had told ANC that the Senate's practice of requiring senators to swear in to political neutrality acknowledges that the senator-judges who will make up the impeachment court are political by character.

He added: "I do think people should be worried... and therefore be vigilant as to whether certain senators would be performing or serving that duty to be politically neutral."

RELATED VIDEO