MANILA, Philippines — Senator-Judge Pia Cayetano on Wednesday admitted feeling pressured amid the Senate impeachment trial of Vice President Sara Duterte, saying she fears for her liberty after the National Bureau of Investigation (NBI) issued statements that make her appear like "a common fugitive."
In her interjection during the 26th day of the trial, Cayetano mentioned that two senators — Jinggoy Estrada and Rodante Marcoleta, who are facing graft cases at the Sandiganbayan — are in jail, while another, Sen. Ronald Dela Rosa, is in hiding.
Sen. Loren Legarda is on medical leave but is also facing an investigation by the Office of the Ombudsman.
"Am I pressured? I am. I am. I fear for my liberty. Even in the Senate, we have a colleague who never stops bothering us. I fear for my right to speak," Cayetano said.
"So what will happen now? Do I excuse myself? But if that number isn't touched, then we can speak properly here," she added.
Cayetano said actions that place pressure on senator-judges could affect discussions on the impeachment court's threshold mechanism, raising concerns about the independence of the proceedings.
"My summary is correct when you said that if a senator judge is unjustly denied their right to participate and the second is if the respondent is denied due process because of an impartial tribunal," she said.
In response, Retired Chief Justice Reynato Puno said that those two examples raised by Cayetano are "not political questions" but "justiciable questions."
"They involve violation of specific rights of a respondent. And therefore, there are standards that can be used by the court to decide the case and the appropriate remedy," he said, without commenting on developments at the Senate.
Before turning to retired Supreme Court Associate Justice Adolf Azcuna, Cayetano said a member of her brother's staff who had helped with the 2019 Southeast Asian Games had already been issued a subpoena — the NBI is investigating alleged irregularities in the hosting — and is, she said, already facing a case.
"Doesn't that count as pressure, Justice Azcuna?" Cayetano said.
Azcuna, who has taken the position that the 16-vote threshold should remain regardless of how many senators are actually present, said he cannot comment on the particular case.
"I can only reiterate the premise of my submission that the reason for the threshold is to protect the Senate from artificial and partisan moves to prevent the justice from being done," Azcuna said.
"So I think perhaps we can apply the four way test of the rotary to your problem. Is it the truth? Is it fair? Is it beneficial to all concern? Will it promote friendship and good will? I always use that test in problematic situations. So I think it will be a good place to apply it to your case," he added.
