Luistro says senator-judges must personally witness trial

By Jose Cielito Reganit, Philippine News Agency

Batangas 2nd District Rep. Gerville “Jinky Bitrics” Luistro (Philippine News Agency/facebook)

MANILA – House Committee on Justice Chair and lead prosecutor Gerville “Jinky Bitrics” Luistro of Batangas on Thursday opposed proposals allowing senator-judges to participate or vote remotely in the impeachment trial of Vice President Sara Z. Duterte, saying the gravity of the proceedings requires their personal presence throughout the trial.

“My humble submission about this issue is dapat personal na nasasaksihan ng senator-judge ang trial at dapat personal din siyang boboto dahil napakahalaga ng prosesong ito (a senator-judge must personally witness the trail and personally vote on the verdict because this is a very important process),” Luistro said in a radio interview.

Luistro issued the statement after Sen. Rodante Marcoleta floated the possibility of allowing Sen. Ronald “Bato” dela Rosa to participate and vote through Zoom during the impeachment proceedings.

Dela Rosa, a known ally of the Vice President, briefly sought refuge in the Senate last week after the International Criminal Court issued an arrest warrant against him over the Duterte administration’s bloody anti-drug campaign, before later leaving the premises after taking part in the vote that triggered the Senate leadership change.

“With all due respect kay Sen. Rodante Marcoleta, we respect him and he is a former colleague in the House of Representatives. However, we need to consider the significance, the importance, the paramount of this impeachment process,” she said.

The lead House prosecutor stressed that senator-judges must personally observe witnesses, documents and video evidence presented before the impeachment court.

“Napakahalaga po na personal na nakikita ng senator-judge ang bawat testigo. Napakahalaga po na personal na nakikita ng bawat senator-judge ang bawat papel, video na inilalatag (It is very important for each senator-judge to personally see each witness, each document, and each video presented in) support of the Articles of Impeachment,” she added.

Luistro said personally observing a witness’ demeanor is critical in determining credibility and truthfulness during trial.

“The demeanor tells you whether the witness is telling the truth or not,” she said.

She also warned against allowing impeachment decisions to be made solely through remote participation.

“Mahirap itong ipaubaya na dedesisyunan (It’s hard to leave this to be decided) based on online voting only or online participation in the session,” Luistro said.

No basis

Meanwhile, former Surigao del Norte Rep. Robert Ace Barbers has joined the voices opposing proposals to amend the Senate Rules to allow online voting, saying such move has no basis.

“The proponents want this amendment to extend to the Impeachment Court internal rules. This proposal betrays the intention of some members to accommodate other members who may not be able to physically attend sessions, not due to medical reasons but in anticipation of their absence in relation to the cases that they may be facing or about to face,” Barbers said in a statement.

“Obviously, some Senators want to protect the others and use the latter’s predictable inclinations in furtherance of their agenda, without regard to the still to be presented solid evidence. The proponents are banking on the present majority composition which is aligned with the member or members subject of the proposal,” he added.

He said physical examination of the documents and other material evidence as well as personal and actual appreciation and observation of the witnesses to be presented are indispensable in formulating an informed decision, based on facts, evidence, testimonies and arguments.

“Actual and active physical participation in the trial is the kind of respect due the Impeachment Court. If the Senator-Judge respects the processes and the sanctity of the trial, he must take it upon himself to attend physically. He owes it to the people to discharge his duty and responsibility in the best manner. The only exception should be for medical reasons,” Barbers said.