The House prosecution panel will file a motion with the Senate impeachment court to disqualify Senator Jinggoy Estrada from participating in Vice President Sara Duterte’s impeachment trial, arguing that his sitting as a senator-judge would raise questions about the court’s impartiality.

The House panel challenged the detained Estrada’s participation, citing his pending plunder and graft cases before the Sandiganbayan and his prior public pronouncements regarding the impeachment process.

In a forum on Saturday, Manila Third District Rep. Joel Chua questioned how a senator who will not attend the trial could render a fair verdict.

“How can someone cast a vote without having participated in the impeachment trial? It is like a judge — how can one render a verdict of guilty or not guilty without having heard the testimony of the witnesses?” Chua said.

For lead prosecutor Rep. Gerville Luistro, the law states that a senator with a plunder case is automatically suspended.

“That is provided for under the Plunder Law and the Anti-Graft and Corrupt Practices Act, where a public official is suspended when a case is filed against him,” she said in a radio interview.

Rules cited

House prosecution panel spokesperson and Kabataan Partylist Rep. Renee Co said the Senate’s impeachment rules will limit Estrada’s participation.

The prosecution panel maintained that impeachment trials demand the highest standard of impartiality because senator-judges are tasked with deciding the fate of a high-ranking constitutional official.

Estrada has yet to publicly indicate whether or not he would voluntarily inhibit himself from the proceedings.

The senator is facing plunder and graft charges linked to an alleged multibillion-peso flood control fund scam. He is currently sitting in the New Quezon City jail in Payatas.

Earlier this month, the Sandiganbayan entered a not guilty plea on his behalf after he refused to enter a plea at his arraignment.

The Senate impeachment court has yet to rule on the prosecution’s motion questioning Estrada’s participation.

Chua emphasized that, in an impeachment process, the judge examines the demeanor of the witnesses to determine the truthfulness or falsehood of their statements.

“Part of their rendering of judgment is based on the mannerisms and conduct of the witnesses who are placed on the witness stand,” he said.

Avoid trial by publicity

Meanwhile, Vice President Duterte’s camp said the public nature of her impeachment trial before the Senate would clear her, but the extensive media coverage and online commentary risked her undergoing a “trial by publicity.”

Lawyer Michael Poa, spokesperson for Duterte’s defense team, described a highly publicized trial as a “double-edged sword” that offers both transparency and prejudice against the respondent.

“We want to demonstrate to the Filipino people that the allegations leveled against the Vice President over the past two to three years are unfounded,” Poa said.

The Senate earlier convened as an impeachment court to try Duterte over allegations that include culpable violation of the Constitution, graft and corruption, and betrayal of public trust.

The Vice President has repeatedly denied any wrongdoing and has maintained that the accusations against her are politically motivated.

Poa said public access to the proceedings would allow Filipinos to hear the defense’s evidence and arguments directly, which he said is important given the intense scrutiny Duterte has faced in recent years.

“As you know now, we have social media, unlike in the previous impeachments,” he said, adding that the public has been exposed to a wide range of legal opinions and interpretations about the case.

The Duterte camp has consistently questioned aspects of the impeachment process while expressing confidence that it can defeat the allegations in a trial.