With Senator Ronald “Bato” dela Rosa nowhere to be seen since 14 May after his reappearance on 11 May, a solon stated that the wanted senator had more reason to once again risk a potential arrest in light of the coming impeachment trial of Vice President Sara Duterte.

House Lead Public Prosecutor Gerville Luistro said that Bato’s participation in the constitutional process like an impeachment dwarfed in magnitude to the Senate leadership change that was the cause for his return to the upper house after four months of absence.

“Kung ni-risk ni Senator Bato yung sarili niya (If Senator Bato risked himself before) just to be able to vote for the change of leadership, he has more reasons now to have utmost courage to be able to do his constitutional duty, for the sovereign Filipino people whom we serve,” she said during a radio interview.

The sentiment of Luistro arose from a recent petition of Senator Rodante Marcoleta to allow senators to participate and submit an online vote on the impeachment process of the Vice President which was slated to start in early July.

The solon had previously emphasized the personal appearance of senator-judges in the trial for them to be able to have first-hand assessment of the evidence and witnesses that would be presented by the prosecutors.

If Bato was not able to participate, however, whether through virtue of hiding or arrest, Luistro mentioned that his vote would automatically be considered as an abstention.

She further explained that the absence of the senator would not have any effect on the required turnout to convict Duterte that was two-thirds of all 24 senators, translating to 16 affirmative votes.

Under Article 6 Section 11 of the 1987 Constitution, senators who are arrested and detained due to criminal offenses are not automatically stripped of their title and duties as a sitting senator.

“Hindi pa suspended yung kanilang political right, hindi pa suspended yung kanilang right to vote, so yung absence nila because of their detention will be considered as abstention,” Luistro said on Bato’s potential arrest.

(Their political right is not suspended, their right to vote is not suspended, so an absence because of detention will be considered as abstention)

Full faith

Despite the issues surrounding the Senate as of late, Luistro expressed her “full faith” to the leadership of Senate President Alan Peter Cayetano who said that they would be acting on the Articles of Impeachment against Duterte “forthwith.”

She noted that she was anticipating that the Senate would proceed to a trial given the fact that it had already convened as an impeachment court on 18 May and had already given the initial orders as part of the process.

For their part, the solon explained that they were still in the process of finalizing all factors that needed to be considered for their presentation of evidence at the coming trial–including the list of private prosecutors that would assist them.