Sen. Bato may still serve as senator-judge if not removed from office, lawyer says

Former president of the Philippine Bar Association lawyer, said Sen. Ronald “Bato” dela Rosa may still participate as a senator-judge in the impeachment proceedings as long as he has not been removed from office, despite questions surrounding his legal situation.

In an interview, Tuesday morning, lawyer Rico Domingo said Dela Rosa remains entitled to perform his duties as senator unless he is formally stripped of his position.

“As long as he has not been removed as a senator, then he can still participate,” Domingo said. “The question right now is whether he should personally be there to participate or virtually through the internet.”

Domingo explained that under current Senate impeachment rules, there is no provision allowing a senator to participate virtually in the proceedings. He noted that some senators have already expressed opposition to remote participation.

The lawyer also clarified that being labeled a “fugitive” does not automatically disqualify a senator from participating in Senate functions.

“Technically, he can still participate,” Domingo said. “A fugitive means you are running from the law, the justice system or procedure, but he has not been removed as a senator.”

Domingo stressed that elected officials continue to enjoy the presumption of innocence until convicted by a final court ruling. He cited the same principle in discussing hypothetical cases involving other senators facing legal complaints or possible arrest warrants.

“He is presumed innocent until proven guilty,” Domingo said. “As long as they are still senators in good standing, by virtue of their oath, they remain senators.”

The interview also touched on the timeline of the impeachment proceedings. Domingo said writs of summons have reportedly been served, and under Senate rules, the respondent has 10 calendar days from receipt to answer. Prosecutors, meanwhile, will have five calendar days to reply.

He added that no pre-trial has been scheduled yet, but one is expected before the actual trial proper begins.

During the pre-trial, both sides are expected to present documents, witnesses and evidence, as well as identify the issues to be resolved during the proceedings.

Domingo also emphasized the importance of accountability and the rule of law in maintaining a fair government.

“The core or bedrock of any fair and prosperous society would be respect for the rule of law,” he said. “That includes accountability, just laws, open government and accessible impartial justice.”