Senator Alan Cayetano reminds senator-judges to try and decide, not prosecute or defend VP Duterte

Senate Minority Leader Alan Peter Cayetano on Monday reminded fellow senator-judges that their constitutional duty in the impeachment trial of Vice President Sara Duterte is to hear the case impartially and decide on it based on the evidence, and not to act as either the prosecution or the defense.

Speaking during the seventh day of the impeachment trial, Cayetano underscored the distinction between the roles of the parties and that of the impeachment court.

“Ilang beses ko na narinig dito na it’s our job to clear or prosecute the Vice President. Hindi po, it’s our job to try and to decide. It’s the prosecution’s job to… prosecute. And it’s the defense’s job to convince na wala (nang kaso). Our job is to try and to decide. And when you decide, you acquit or you convict,” he emphasized.

“These are legal terms. Hindi pwedeng y’ung nanonood na law student ngayon, sasabihin na trabaho ng judge is to clear and prosecute,” he added.

Cayetano made the remarks after Senator Erwin Tulfo responded to a manifestation by Senator Robin Padilla, arguing that the impeachment court was not the proper venue for senator-judges to explain their personal circumstances.

The minority leader said the credibility of both the impeachment court and its members must be preserved to ensure the integrity of the proceedings.

“Ang legal principle natin today is simple: ang integrity ng court,” Cayetano said.

“The integrity of the court and the justices or judges is always relevant. If the Supreme Court, Comelec, Court of Appeals, or Sandiganbayan is being heard, and the judges are being threatened, you give them time. We cannot take the impeachment out of context,” he added.

Cayetano argued that the impeachment trial is unfolding amid politically charged issues, making it even more important to safeguard the court's impartiality.

“May nangyayaring flood control scandal, may nangyayaring gulo sa Uniteam na hindi na united ngayon. We consider Senator (Rodante) Marcoleta and Senator Jinggoy (Estrada) as political prisoners. Weaponized y’ung Blue Ribbon Committee,” he explained.

He also cited his own experiences with investigations that he believes were intended to undermine his credibility as a senator-judge.

“After we brought up the problem with the National Bureau of Investigation (Director’s schedule as witness), they doubled down at gumawa pa ng task force (for the 2019 SEA Games probe). I mentioned two colleagues sa SALN (Statement of Assets, Liabilities, and Net Worth), I didn’t accuse them. Sabi ko lang, just like Vice President Sara, just because tumaas ang SALN, can we already ask for (records from) the BIR (Bureau of Internal Revenue), for the AMLC (Anti-Money Laundering Council) and the bank accounts?” he said.

The senator continued: “Sabi ko, iyan ang idi-discuss namin sa Monday (during the trial). (Pero) nag-react na at nag-accuse… Secretary Vince Dizon verified tatlong beses na walang ghost (projects) sa Taguig City, ngayon i-ve-verify ulit.”

Cayetano said he had not intended to speak on the issue but did so after Padilla's manifestation became the subject of criticism.

“But then ke-kwestyunin niyo si Senator Padilla, it was all over the news na hindi niya iniintindi or he snubbed the Ombudsman. I was going to stand up before Senator Erwin stood up just to say na may stamped mail (of his affidavit as response)… So I’m just saying, Senator Padilla just stood up to say, sumusunod siya sa batas… Importante dito y’ung integrity ng senator-judge,” he said.