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The Role of 'Biased' Senator-Judges in the Impeachment Trial

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Senators are now not only lawmakers but also jurors in the impeachment trial of Vice President Sara Duterte. But some of them are seen as close to Duterte, like Senators Robin Padilla and Imee Marcos, who even flew to Malaysia for Independence Day with VP Sara. Padilla even floated the idea of ​​a “Sara-Imee” tandem in 2028 while Marcos urged the public to support Duterte.

According to legal experts like Antonio La Viña and Dino de Leon, this is clearly a violation of their sworn duty as impartial jurors. While it is not illegal to befriend the accused, the public's presence and support affect the public's trust in the neutrality of the process.

There is no specific law in the Senate that prohibits bias, but they can inhibit or voluntarily withdraw from participating in the trial. However, Senate President Chiz Escudero said that this depends on the conscience of each senator. According to some experts, senators who are perceived to be biased have little chance of withdrawing due to a lack of delicadeza.

In the event of an inhibition, their vote is like a vote for acquittal, as fewer votes are needed for conviction. But even so, it still helps to maintain the neutrality and integrity of the Senate.

Currently, House prosecutors are seeking clarification on the Senate's move to reinstate the articles of impeachment. They maintain that the process has already begun and that the trial should continue even after the new Congress has taken office.

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