'Senate impeach judges can't move to dismiss Sara's case'

Lacson may vote to convict, if...

- By NEIL JAYSON SERVALLOS

Incoming Sen. Panfilo Lacson yesterday warned fellow members of the Senate impeachment court against filing a motion to dismiss the case against Vice President Sara Duterte, saying this would be "improper" and "inappropriate." "For me, you cannot move to dismiss (the case) because you are a judge. Where have you ever seen a judge who moved to dismiss? We will decide, but the motion to dismiss must come from the defense," Lacson told dzBB.

"It would be a laughingstock. The judge is there above, holding the gavel, and pounding on that gavel. Then the judge would say, 'I move to dismiss,' and then pound on the gavel and utter, 'this case is dismissed.' Isn't it awkward?" he asked.

Lacson said he is prepared to vote for a conviction in the impeachment trial if a certain threshold is reached.

"For me, at the very least, we should not go lower than the threshold of preponderance of evidence. If there is really a lack of evidence, and there is no preponderance, speaking for myself, I would really acquit. But if it is beyond the threshold of preponderance, even if there is a lack of guilt beyond reasonable doubt, I will vote to convict," he noted.

He explained that unlike criminal trials, where the standard is proof of guilt beyond reasonable doubt, impeachment trials do not have fixed evidentiary rules. As such, senator-judges have leeway to interpret the weight of the evidence presented.