The claim of Senator Robinhood Padilla that House prosecutors were critiquing detained senator-judges lacked “basis” and was tantamount to “fake news,” said a member of the House prosecution panel.

In a statement posted on social media, public prosecutor Rep. Terry Ridon defended himself from Padilla’s claim that he, along with Mamamayang Liberal Rep. Leila de Lima was asserting that senators imprisoned because of criminal charges should not be allowed to participate in the ongoing impeachment trial.

The individuals that the senator was referencing were his colleagues in Senator Jinggoy Estrada and Senator Rodante Marcoleta who are both detained at the Quezon City Jail - Male Dormitory based on different cases.

“What I mean to say is, why are they criticizing detained senator-judges like Jinggoy and Marcoleta? Terry Ridon and Leila de Lima are stating that they should not be allowed to participate. What is their right to say that to us?” Padilla said during an interview.

“Have you seen a fiscal that criticizes a judge?” he asked.

For Ridon, the assertions that the senator had failed to properly consider his sentiments on the matter had an effect on ongoing impeachment proceedings.

The solon maintained that he had never spoken against the senator-judges, maintaining that he was of the belief that such issues were better addressed by the Senate and the Sandiganbayan, given that such matters were under their jurisdiction.

“With respect, had Senator-Judge Padilla reviewed the interviews and statements made in the course of the impeachment proceedings, whether in the House or the Senate, he would know that I have made no statement concerning the participation of detained Senator-Judges,” his post read.

Even with the claims, however, Ridon noted that he still viewed all senators in the highest regard as part of the ongoing impeachment proceedings against Vice President Sara Duterte.

“We have the highest respect for the Senate Impeachment Court and our Honorable Senator-Judges, including Senator-Judge Padilla,” he said.

The remarks of the senator marked the latest development in the ongoing exchange between him and the House prosecution panel over the supposed “one-sided” perspective that the latter had on the participation of individuals that had pending cases in the trial.

Discussions arose as Padilla said that National Bureau of Investigation (NBI) agents John Mark Calilung and Atty. Jeremy Lotoc were currently facing perjury complaints.

Confronted with the question on whether their testimonies should be disqualified from the trial, House lead prosecutor Rep. Gerville Luistro maintained that even if Calilung and Lotoc were convicted, it does not disqualify them as a witness.

Luistro qualified, however, that the only ground for disqualification was if the case was final and if the individuals were charged with a crime that was punishable by more than one year.

This stand led Padilla to compare the sentiment to the current inability of Estrada and Marcoleta to participate in the hearings due to their detainment.

“You know your answer is very interesting. Hopefully the prosecution can not be one-sided. You mean to say that senator-judges are facing cases and are not deemed guilty, can they participate?” he asked.

It is important to note that based on the Revised Rules on Evidence, individuals are not automatically disqualified from serving as witnesses for a trial if they are facing criminal charges.

The factors considered for disqualification when it comes to witnesses are mental incapacity, reason of marriage, death or insanity of an adverse party, and by reason of privileged communication.

Judges, on the other hand, are also allowed to generally participate in a proceeding unless a high court such as the Supreme Court orders for their official suspension or dismissal from their role.

Like other individuals, are afforded the presumption of innocence until convicted for their respective charges.