The Senate majority bloc’s push to amend the rule on remote participation is linked to the looming impeachment trial of Vice President Sara Duterte, former Senate President Franklin Drilon said Wednesday.

Drilon said remote participation could help the majority secure needed votes on key motions, including an attempt to subpoena Duterte’s bank records during the trial.

He said that if Senate President Alan Cayetano, as the presiding officer, rejects the motion to subpoena the bank records, the minority could still appeal the ruling on the floor.

But if the current Senate rules are unchanged, Cayetano and his allies are likely to lose the vote to the 11-member minority bloc, which would compel the disclosure of Duterte’s financial records amid the allegations of graft and corruption against her. 

“So it is very crucial that electronic voting be allowed because a personal presence would not be possible to muster the necessary votes to sustain the denial of a subpoena on the bank records,” Drilon told ANC’s Headstart. 

“Maybe the minority would still not have 13 votes to reorganize, but in terms of the issues being voted upon, the present majority would not have the numbers to carry out the measure, or any motion on the floor,” he added.

The minority bloc, led by ousted Senate president Tito Sotto, walked out of Tuesday’s session in protest against Senator Rodante Marcoleta’s proposal to amend Rule 14, Section 41 of the Senate Rules. This would allow senators — for justifiable reasons — to participate in sessions via video conference or other electronic means.

Under current Senate rules, virtual participation is permitted only during force majeure, unforeseen and uncontrollable circumstances, or emergencies such as the Covid-19 pandemic.

The minority “Solid Bloc 11” assailed Marcoleta’s proposal, which was backed by Cayetano who insisted on dividing the house despite the debate still going on. 

The opposition senators accused Cayetano and his allies of “railroading the process,” citing Senate rules that any amendments must be presented on the floor one day before its consideration. 

They derided the move as a veiled attempt to allow allies such as Senators Bato dela Rosa, Jinggoy Estrada and Joel Villanueva to participate in proceedings despite their projected absence as they face possible arrest.

Dela Rosa has an outstanding warrant from the International Criminal Court and is in hiding. 

Estrada and Villanueva, meanwhile, could face similar legal troubles after the Ombudsman indicated they would soon be charged with plunder over their alleged involvement in flood control anomalies.

The walkout resulted in the lack of a quorum, forcing an adjournment that effectively halted the majority’s plan to amend the rules.

‘Abuse of discretion’

The move has drawn mixed reactions from critics and political observers. However, Drilon argued that it was “necessary because that was the only way to prevent the tyranny of the majority.”

Drilon, a former justice secretary, lamented the actions of Cayetano and his allies in the majority, saying the rush to make amendments was a blatant “abuse of discretion” that warranted Supreme Court intervention.

Further, he argued that it would set a bad precedent, adding that it would be unfair to former senators such as Leila de Lima and Antonio Trillanes who were strictly barred from attending sessions, much less voting, while they were under detention.

Citing Senate rules, Drilon said Marcoleta’s proposal should have been referred to the committee on rules, which would subsequently issue a report to be tackled in the plenary.  

“The report was forced to be released even though the committee on rules was not constituted. This is a clear abuse of discretion; the Supreme Court should intervene,” he said. 

According to Sotto, if the committee on rules were truly constituted, he would have known, as he is an ex officio member. Concurring, the minority senators pointed out that the recent leadership reshuffle left all committees vacant, making it unlikely for hearings to proceed or for a report to be released.

On the contrary, Cayetano argued, the Senate rules allow the plenary to decide by majority vote whether to take up a motion to amend the rules, even without a committee endorsement.

“If you look at Section 136 of our rules, you do not need the endorsement nor the forwarding of the committee of rules for the amendment of the rules. Right now that’s irrelevant because we have given back the proposal to the plenary,” he said on Tuesday during the intense debate.

Marcoleta first introduced the motion to amend the Senate rules on 11 May. However, Senator Kiko Pangilinan argued that the motion had already lapsed, and the one raised on Tuesday must take precedence.

Thus, the minority contended that they would take it up on Monday, 1 June. Congress only holds sessions from Monday to Wednesday but since Wednesday, 27 May, is a holiday in observance of Eid al-Adha, the session will resume on Monday, 1 June. 

Cayetano’s insistence on dividing the house for a vote prompted the minority to walk out of the session hall, leaving only Sotto, who moved for adjournment for lack of a quorum.