Marcoleta’s ‘remote voting’ aims to thwart evidence against Sara

The Senate won’t muster the minimum 16 votes to convict the impeached VP Sara Duterte. It won’t be able to acquit her by nine votes either. Her trial will likely result in a hung jury.

Still Senate President Alan Cayetano and sidekick Rodante Marcoleta sneaked in a revision of plenary voting rules. They tried to railroad its passage last Tuesday. They wanted to prevent the presentation of damning evidence at the trial of their benefactor Sara.

The senators are deeply divided. On one side are 11 who can be trusted to weigh the evidence for and against Sara: Tito Sotto, Ping Lacson, Risa Hontiveros, Bam Aquino, Kiko Pangilinan, Lito Lapid, Sherwin Gatchalian, Raffy Tulfo, Erwin Tulfo, JV Ejercito, Migz Zubiri.

If evidence of P4.43-billion hidden wealth, P612-million malversation, bribery and murder plots are weighty, they’ll vote to convict. But they’ll be short of the Constitution’s required two-thirds of 24 senators, or at least 16, to forever bar Sara from public office.

On the other side are 13 Sara allies: SP Cayetano, Marcoleta, Pia Cayetano, Robin Padilla, Bato dela Rosa, Bong Go, Mark Villar, Camille Villar, Jinggoy Estrada, Joel Villanueva, Chiz Escudero, Imee Marcos, Loren Legarda. They’re either Sara loyalists or owe her father ex-president Rody Duterte favors.

Alan Cayetano and Mark Villar were Duterte Cabinet members. Pia and Camille are their siblings. Go was Duterte’s aide as Davao City mayor and president. Bato was city and National Police chief. Padilla heads Duterte’s PDP-Laban. Estrada was released by Duterte despite non-bailable plunder raps. Imee, Villanueva, Escudero, Legarda and Marcoleta were in Sara’s 2022 and 2025 senatorial slates.

But the 13 would find it hard to gather nine votes among themselves to acquit. Up to 11 of them might be in jail by judgment day:

• Bato is target of an NBI and PNP manhunt for International Criminal Court trial at The Hague;

• SP Cayetano and Padilla will face charges for blocking Bato’s arrest;

• Go is expected to be wanted too at the ICC as Duterte co-perpetrator in crimes against humanity;

• Estrada and Villanueva were to be charged yesterday with non-bailable malversation and plunder of flood works funds;

• Marcoleta has been indicted at the Sandiganbayan also for non-bailable plunder and bribery of P75 million;

• Mark Villar will likely be implicated in flood works scam during Duterte’s onto Bongbong Marcos’ terms;

• Camille Villar is under investigation for P1.33-trillion stock market manipulation;

• Escudero can be imprisoned up to six years and permanently barred from public office for P30-million illegal campaign contribution;

• Legarda, according to Malacañang spox Claire Castro, could be implicated in the conspiracy to grant her son Rep. Leandro Leviste a P24-billion congressional franchise during Duterte’s tenure.

Only Pia and Imee could be left unscathed.

In a hung jury, the defendant is neither found guilty nor innocent. Jurists are unable to reach the required votes to convict or acquit.

At the plenary Tuesday night, SP Cayetano and Marcoleta tried to ram through their edited Senate rule to allow voting via teleconference.

Hontiveros suggested that the committee on rules first study such change. More so since remote voting is allowable only during national emergency, like the 2020-2021 pandemic. The committee on rules has yet to be reorganized due to Cayetano’s leadership coup last May 11.

Marcoleta sneered that it’s hard to talk to non-lawyers like Hontiveros. Erwin Tulfo objected to the ad hominem remark – an irrelevant jab at the opponent’s character, motives or personal traits instead of discussing the core issue.

SP Cayetano alibied that their motion has been pending since May 11 and moved for a vote there and then. The minority walked out except for leader Sotto, who moved for adjournment since there no longer was a quorum to vote on anything.

Marcoleta questioned the manner of determining a quorum. Sotto cut him off by reminding that the rules forbid any objection to a motion to adjourn: “Akala ko ba magaling ka sa rules?”

SP Cayetano and Marcoleta expectedly will attempt to force a vote on their attendance revision next week. They’re running out of time. Bato will be absent because in hiding. Estrada and Villanueva will soon be detained for plunder trial. Remote voting should be approved before they lose majority numbers.

Sara’s 13 senator-allies fear most the subpoena of her bank records, supposedly 255 accounts in three branches alone. As well, the testimony of ex-senator Sonny Trillanes about P22,322,538.21 deposits by alleged drug lord Sammy Uy to Sara as Davao City mayor.

“That will be the public unraveling of Sara,” former Senate president Franklin Drilon told newsmen Wednesday. “That’s why they want remote voting to quash damning evidence and testimony.”

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