Senator-Judge Recusal Rules in Impeachment Trial Explained
The recusal or inhibition of a senator-judge in an impeachment trial cannot happen unless the senator is officially removed through an ethics or disciplinary process conducted by the Senate Committee on Ethics and Privileges. This key rule has been emphasized amid calls for certain senators to step aside from the impeachment trial of Vice President Sara Duterte due to alleged bias.
Senate President Francis “Chiz” Escudero clarified this during a press briefing. He firmly rejected demands for Senators Imee Marcos, Robinhood “Robin” Padilla, and Ronald “Bato” Dela Rosa to self-inhibit from the impeachment proceedings. “Based on the rules, and based on the ruling of the (presiding) chair during the impeachment trial of Chief Justice (Renato) Corona, which will serve as a precedent, a senator-judge can only be removed as a senator under the ethics and disciplinary procedure of the Senate; not to inhibit as an impeachment judge,” Escudero said on June 16.
Voluntary Recusal in Impeachment Trials
The Senate leader further explained that, generally, the decision to recuse or inhibit oneself during impeachment proceedings is voluntary. It depends on the individual senator-judge, not on pressure from others or formal votes. Escudero cited the example of former Senator Franklin Drilon during the Corona impeachment trial. Drilon was asked by the defense to inhibit himself because of perceived partiality.
“Generally, the recusal or inhibit is voluntary on the part of the impeachment court judge. We’ve seen that happen in past impeachment cases,” Escudero said. “If you remember, the defense panel back then asked senator-judge Drilon to inhibit during the impeachment trial of Chief Justice Corona.”
The Senate President added that the impeachment court did not vote on Drilon’s recusal because it is the judge’s personal choice. “The decision of the impeachment court back then is that they can’t put it into a vote. And neither was it taken up by the impeachment court precisely because it’s the voluntary decision of an impeachment court judge,” he stressed.
Applying Past Precedents to Current Trial
Escudero made it clear that the same precedent and rules on inhibition will apply in the current impeachment trial. He emphasized that no senator-judge can be forced to inhibit themselves, regardless of their stance on Vice President Duterte or the impeachment case. “To me, we will apply the same precedent, and not only rules on inhibition. It is voluntary on the part of the impeachment court judge and that cannot be forced to anyone who is in favor of vice president Sara or against vice president Sara, whether or not they are in favor or against the impeachment,” he said.
Vice President Duterte Supports Senator-Judges
Vice President Sara Duterte herself weighed in on the matter, saying senator-judges should not be pressured to recuse solely based on political bias. She noted that if bias were a valid reason for recusal, then Senator Risa Hontiveros, one of her vocal critics, should also be disqualified from the trial.
Duterte urged trust in the senator-judges, believing they will perform their duties fairly and professionally. This call for confidence aligns with the Senate President’s view that the impeachment process should respect the voluntary nature of recusal decisions.
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