The Philippines patterned much of its judicial system after the American judicial system, except for its jury trial system, where ordinary citizens decide the merits of the case.

In the Philippines, we rely on professional judges to determine both the decision and the verdict. The Impeachment Court is this country’s closest toa jury trial, except that it is the Senate that constitutes the jury. As a sui generis body, they are supposed to be the jury drawn from the people. But are they really the jury of and for the people? They are not vetted. They do not go through the process of voir dire where they are questioned and removed if they have unfair biases, as in a jury trial system.

Although we do not have the power to remove them as Senator-Judges, as the people whom they represent, we have the duty to scrutinize their motives, capacity, and competence to make sound judgments and deliver a well-reasoned verdict based on a fair evaluation of their performance.

It cannot be denied that many of the Senator-Judges have been cast as antagonists in this impeachment trial drama. Some ingenious minds have floated a variety of memes and cartoons on social media to mimic these political personalities. The Cayetano siblings were likened to the villainous Team Rocket siblings, Jessie and James, with Imee Marcos as Meowth, their wicked boss. “Robinhood” Padilla has been a favorite character in reels and social media commentaries for his grandstanding and often out-of-sync interpellations that only expose his bias based on ignorance.

People turn to humor in order to cope with frustration and disappointment at how the trial seems intentionally derailed for a purpose. While humor and laughter give relief to the weary, it is good to examine the performance of our Senator-Judges in an evidence-based and objective manner.

Optics is vital since most of these Senator-Judges are ending their term in2028 and are running for re-election; how they perform in their duty as Senator-Judges will impact their fate in 2028. It matters what they say, whether they mean it or not. This is why Senator Alan Peter Cayetano is portraying the role of a “neutral” Senator-Judge. His sister, Pia Cayetano, is projecting that she is for order and the vanguard of rules. Senator Imee Marcos and Senator Robin Padilla, on the other hand, have no qualms about showing their ‘true color’ as defenders of the Respondent, Vice President Sara Duterte.

All of this is evident in several instances. In one instance, Senator Padilla pleaded with the Prosecution team not to be one-sided, a statement that gained him a lot of flak. Claiming that the prosecution is unjustly presenting false witnesses, he warned that they must be cautious because these witnesses can be charged with perjury. He even echoed Defense Attorney Sheila Sison, who, in her opening statement, reminded the audience that the Vice President was voted for by 32 million Filipinos. Senator Imee Marcos, on the other hand, badgered the witness, COA Auditor Roderick Walmil, pressuring him to provide categorical answers to solidify the narrative that the person accountable for the misuse of confidential funds in both the Office of the Vice President and the Department of Education is not the Respondent, V.P. Sara Duterte, but the Disbursing Officers of both offices.

Her staff even threatened to charge the witness with perjury. Like Robin Padilla, her interpellations also exposed her ignorance of the COA-DBM-DILG-DND Joint Circular No. 2015-01, which stipulates that senior officials and agency heads who approve, disburse, or utilize confidential and intelligence funds (CIF) bear personal and direct accountability for the validity, necessity, and legality of expenditures. It is either that she is uninformed or that she is so absorbed with the narrative she is working hard to peddle.

More of this dubious behavior is expected in the coming days of this impeachment trial. So citizens must always be watchful of the Senator- Judges. Let us not lower the bar of our standards and expectations despite the mediocrity and hypocrisy we are witnessing in this highly politicized courtroom drama.

Let us judge the judges and examine if they are truly neutral rather than active partisans. Let us observe their judicial temperament. Are they patient, open-minded, and courteous to the witnesses, the prosecution, the defense, and their colleagues? What is the relevance and quality of the questions they ask? Are these evidentiary and clarificatory questions, or are they pushing for a narrative they have already constructed in their minds?

Let us be determined to bring about righteousness and justice in our land. Righteousness is about restoring relationships. It is about restoring to wholeness the people who are perpetually being shortchanged by those in power. The Impeachment Trial is not just the business of Congress. It is the business of the entire citizenry who want this country to be restored to wholeness and decency.

 #

Ruby Barcelona-Lavarias

is a Fellow of the Institute for Studies in Asian Church and Culture and is a US based development specialist.