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Senate numbers to favor Ombudsman — Escudero


The current composition of the Senate will most likely favor Ombudsman Merceditas Gutierrez once the articles of impeachment against her are elevated to the chamber, Senator Francis Escudero said Friday. "The present situation, given the number of the Senate, will tend to favor whoever will be impeached and kung ano mang kaso makarating sa Senado [whatever case reaches the Senate]," Senator Francis Escudero told reporters on Friday. Article XI, Section 3 of the Philippine Constitution specifically states that "no person shall be convicted without the concurrence of two-thirds of all the Members of the Senate." Escudero, who also chairs the Senate justice committee, explained that this would mean that 16 votes are needed to convict Gutierrez on impeachment because there are 24 allocated Senate seats. In other words, it would only take nine senators to block her impeachment conviction, Escudero explained. And since President Benigno Aquino III and fugitive Senator Panfilo Lacson have vacated their slots, they cannot cast their votes. Thus only seven senators who won't vote for Gutierrez's conviction are needed to save her. "(A) no vote, absence, abstention, inhibition... will be interpreted (or) considered as a vote against [the conviction on impeachment] of the impeachable officer," he said. A senator who spoke on condition of anonimity likewise said that at least ten senators are unsure of their vote or are unlikely to vote to convict Gutierrez. The senator alleged that these ten are Senators Lito Lapid, Sergio Osmeña III, Miriam Defensor-Santiago, Ramon Bong Revilla Jr., Edgardo Angara, Juan Miguel Zubiri, Joker Arroyo, Ferdinand Marcos Jr., Pia Cayetano, and Senate President Juan Ponce Enrile. Senator Francis Pangilinan, who had ealier called for Gutierrez's resignation, confirmed to GMA News Online in a text message on Friday that "if the vote is tomorrow, it will be difficult to get 16 votes (to vote for Gutierrez's conviction)." He explained that many senators – including him – are still undecided on whether to vote for the Ombudsman's removal from office but gave assurances that they will "decide on the basis of the evidence presented." Aside from Pangilinan, Senate Majority Floor Leader Vicente "Tito" Sotto III confirmed that either side did not have the numbers. But he also said that they will definitely take a stand based on the evidence to be presented during the proceedings. "I'm confident that the senators will decide based on the presentation of the Articles of Impeachment, the evidence, and the way both sides will conduct their arguments," he told GMA News Online in a separate text message on Friday. In phone interview with GMA News Online on Friday, Senator Gregorio Honasan also assured the public that the senators will remain impartial but that "the numbers are not even half as important as giving the Ombudsman her day in court." Blue ribbon report invalid? On Thursday, the Senate blue ribbon committee recommended the impeachment of Gutierrez and the dismissal and filing of charges against the state prosecutors who entered into a plea bargaining agreement with accused plunderer Maj. Gen. Carlos Garcia. Guingona is expected to present the partial panel report to the Senate plenary on Monday. Escudero, however, said that the Senate blue ribbon committee’s recommendation to impeach Gutierrrez was invalid because majority of the senators who signed the report expressed reservation only on that specific point. "Walang bisa yung bahaging yun dahil kulang sa mayorya ang sumuporta dun sa parteng yun [That recommendation was not supported by the majority]," he said during Friday's interview. Aside from Escudero, Osmeña, Arroyo, Revilla and Zubiri, the other senators who signed the Blue Ribbon committee's recommendation were Senators Franklin Drilon, Francis Pangilinan, Pia Cayetano, Ralph Recto, Antonio Trillanes IV, Alan Peter Cayetano, Loren Legarda, and Manuel Villar Jr. However, Drilon, Escudero, Legarda, Recto, Revilla, Zubiri, Villar, and the two Cayetanos expressed reservations over the impeachment call because the impeachment proceedings are bound to end up at the Senate. On the other hand, Senators Enrile, Sotto, Angara, Santiago, Honasan, Panfilo Lacson, and Senate President Pro Tempore Jinggoy Estrada did not sign the report while Arroyo said that he did not participate in the proceedings as to enable him to make any kind of judgment. Guingona insists report valid Blue ribbon committee chairman Senator Teofisto Guingona III, however, maintained that the report was "valid." "The report is valid. It was signed," he told GMA News Online in a phone interview on Friday. Moreover, he said that the matter whether their recommendation is valid or not is a "side issue." “Ombudsman Gutierrez should be explaining her failure to live up to the mandate of her office. [She should] answer the real issues presented in the Blue Ribbon committee report, instead of distracting the public and clouding the accusations she is facing," he said in a separate statement released Friday. The Lower House is expected to transmit the impeachment articles to the Senate, which is mandated to conduct the impeachment trial. Sotto had earlier said that the House will probably transmit the articles by March 22. However, he said that the Senate will only be able to constitute itself as an Impeachment Court by May when Congress resumes session. Honasan said that Enrile will call for a Senate caucus to establish the rules for the impeachment trial. Escudero said he wants to amend the Senate rules to prohibit the defense from objecting to their questioning.—JV/MRT, GMA News

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