Senate still undecided on trial voting rules

The historic impeachment trial of President Estrada started yesterday with the Senate still undecided on the basis of the two-thirds vote needed in the chamber to oust him — whether it is the 24 stated in the Constitution or the actual 22 members of the Senate.

Senators Raul Roco and Renato Cayetano have been very vehement in arguing that it should be 22, with the death of Sen. Marcelo Fernan in July 1999 and the election of Gloria Macapagal-Arroyo as vice president in 1998.

"If they will insist that the number is 24, then they should allow Gloria to vote. And how will Celing (Fernan) vote? It would be ironic if the Senate will finally allow a ghost voter!" Cayetano quipped.

Senate President Aquilino Pimentel Jr. agreed that it might be very difficult to argue for 24 as the basis of the two-thirds vote. He noted, however, that there might be added debates with the continued absence of Sen. Robert Barbers who is in the United States, bringing the number of senators down to 21.

"That could bring a new dimension to the debate on the two-thirds vote," he acknowledged.

Surigao del Sur Rep. Robert Ace Barbers, a son of the senator, said that his father is tentatively set to arrive on Dec. 20. He said that his father underwent a tonsil operation.

"His doctors said they found hair in his throat," he joked.

He added, however, that the real problem is with the health of his mother, who is afflicted with cancer.

If Barbers will arrive on Dec. 20, then the first case would have been finished by then. The impeachment court, in consultation with the lawyers of Mr. Estrada and the prosecution, have agreed to limit the hearing of the bribery case to only 10 days, or before Dec. 20.

Pimentel said that Barbers could base his decision on the documents presented before the impeachment court during his absence. He added that Barbers could no longer seek the recall of any witness for clarification.

"That would delay the trial, and we would not allow that," Pimentel said.

He stressed that Barbers could even decide not to vote on the case heard during his absence.

"If he will not vote, there would be another round of debates on how the two-thirds vote would be calculated," Pimentel said.– Efren Danao