Lead House prosecutor Gerville Luistro has opposed proposals to allow electronic voting in the impeachment trial, arguing that impeachment is a "sacred and solemn" constitutional process that requires the personal participation of senator-judges.
In an interview, Luistro said the power to convict or acquit in an impeachment case is entrusted by the Filipino people and should be exercised directly by those tasked to decide the case.
"For me, this impeachment process is sacred and solemn. This is a power that is given by the sovereign Filipino people," Luistro said.
She noted that Senate rules only permit electronic voting during a national emergency or force majeure. Unless the chamber formally amends its rules, she said there should be no discussion on allowing remote voting during impeachment proceedings.
Luistro also called on senators to consider public sentiment as debates continue over the proposal, which emerged amid questions surrounding Senate leadership and the position of Sen. Ronald "Bato" dela Rosa.
Drawing from her experience in the House of Representatives, Luistro disclosed that several members of the House justice committee and ex officio members had sought permission to vote online during deliberations on the existence of probable cause in the impeachment complaint. She said all requests were denied.
According to Luistro, allowing remote participation would be unfair to lawmakers who attended the proceedings in person and would diminish the seriousness of the process. Most of those who requested online voting were reportedly outside the country and were therefore unable to participate.
She further stressed that senator-judges must personally observe witnesses during trial, saying credibility assessments are crucial in determining whether testimony is truthful.
"Only by observing the witnesses' demeanor would they be able to say whether these people are telling the truth or otherwise," Luistro said.
From both constitutional and practical standpoints, Luistro maintained that senator-judges should be physically present throughout the impeachment trial, including when casting their votes.