Retired Supreme Court Chief Justice Artemio Panganiban reminded senators in Vice President Sara Duterte’s impeachment trial that the people are expecting that they would bring them truth and justice instead of getting bogged down in legal technicalities.
Panganiban said that the senators, in deciding on impeachment cases, do not need to be like judges, and are more like fathers and mothers of Filipinos disciplining the highest officials of the land.
“What do our people expect from you? It’s not legalism. It’s not judicial conduct. It is justice for our people. Iyan po ang hinihingi ng taong bayan sa inyo. Ano po ba ang katotohanan, ano po ang sasabihin ninyo na makapagsasabi na nakapagbigay kayo ng hustisya sa ating bayan,” Panganiban said.
He said that as elected representatives of the people, the senators have the power to decide on the impeachment cases based on their rules.
It is not for the Supreme Court to decide, as it will only come in to review when there is a claim of grave abuse of discretion.
“What I’m saying is, you are called upon by our people to decide impeachment cases. Then decide it from where you sit. You don’t become Supreme Court justices,” he said.
He said that if the Constitution wanted senators to be like justices, then it would have required them to be lawyers.
But there is no such requirement, he added.
“You’re not constrained by the technicalities of procedures. Iyon po ang aking mensahe para sa inyo. Huwag niyo sabihin kayo’y mga huwes. Hindi po kayo mga huwes, sorry to say that. At hindi kayo kinakailangan maging huwes para magbigay ng hustisya sa impeachment hearings. Para po kayong fathers and mothers of our country and our people. Kayo and magdi-disiplina sa mga halal ng bayan na iba,” he said.
Panganiban, one of the amici curiae on the issue of the denominator for determining the two-thirds vote to convict, took the position that the number is two-thirds of the participating members, not necessarily all 24 members.
He said it should be two-thirds of those who are able to vote and deliver truth and fairness to the people.
If there are less than 16 members, the Senate can still render justice and examine witnesses.
“To me, legalities do not matter very much because our people are not lawyers. They’re not jurists,” he said.
“The important thing for the Senate, in my humble opinion, is that the Senate is able to answer the call for truth and fairness, never mind the technicalities. Even if only three of you render that, and our people are happy, then you would have rendered your service to our people,” he added.