Retired Supreme Court Associate Justice Antonio Carpio said senators who are under detention should not be included in the count of voting members of the Senate, particularly in matters involving procedural issues such as impeachment proceedings.
Carpio said existing laws and previous Supreme Court decisions provide guidance on the status of public officials who are detained while facing non-bailable cases.
According to the retired magistrate, an official who is detained under such circumstances is not considered to be actively performing the functions of the office and therefore should not participate in voting processes.
Based on this interpretation, Carpio said detained senators should not be included in determining the number of votes required for Senate actions, including procedural matters connected to an impeachment trial.
He specifically stated that Sen. Jinggoy Estrada should not be included in the computation of the Senate’s two-thirds vote requirement under the circumstances he described.
Carpio, however, clarified that the situation is different for Sen. Ronald “Bato” Dela Rosa. He noted that Dela Rosa is not under detention and therefore may still be included in the count of senators eligible to vote.
The retired justice made the distinction while discussing how Senate rules and constitutional requirements should be applied during impeachment-related proceedings.
He emphasized the importance of having clear guidelines regarding voting eligibility in order to prevent confusion and disputes over Senate decisions.
According to Carpio, properly defining which members may be counted in voting computations is necessary to ensure that actions taken by the institution remain consistent with legal requirements.
The remarks come amid continuing discussions on procedural issues related to Senate processes and the interpretation of voting requirements in potential impeachment proceedings.
Carpio maintained that clarity in the application of legal and constitutional rules is essential to preserving the integrity of Senate actions and decision-making.
