An ally of President Benigno Aquino III, who campaigned for him in the 2010 election, on Friday said the present composition of the Senate and the rules of impeachment favored the embattled Gutierrez.

Sen. Francis Escudero also criticized the President’s recent directive to Liberal Party congressmen to ensure Gutierrez’s impeachment. “It’s very unfortunate because I was at the receiving end of that as minority leader in the House [of Representatives] the last time around,” he told reporters. “Masakit (It was painful).”

Escudero was referring to the failed efforts to impeach then President Gloria Macapagal-Arroyo five years ago, mainly because he and his colleagues were overwhelmed by the then ruling Lakas, whose members voted according to the “party stand.”

“Perhaps, [Mr. Aquino] could just have whispered [the Liberal Party’s stand to members]. He didn’t have to announce it and make it official,” Escudero said, referring to the President’s marching order which was relayed to party members at a luncheon meeting a day before the House committee on justice voted to forward the impeachment case for plenary voting.

He said voting according to party stand “casts a cloud, color or shadow to the decision being made.”

7 to keep job

Escudero did the math: A two-thirds vote, or 16 of the 24-member Senate, is needed to oust Gutierrez in the event that the articles of impeachment are transmitted to the chamber.

For Gutierrez to keep her job, only nine senators are needed to vote against her impeachment.

But with Sen. Panfilo Lacson still in hiding and another seat left vacant by Mr. Aquino’s election to the presidency, Gutierrez will need only seven votes to stay in office.

“The present situation, given the numbers in the Senate, will tend to favor whoever will be impeached,” Escudero said. “Instead of nine [votes], she would need only seven simply because of the situation.”

Also working in Gutierrez’s favor is the fact that any abstention or absence by a senator come voting time will cut the chances of House prosecutors getting the required 16 votes to unseat her, according to Escudero.

“In effect, if you are not around during voting or if you abstain, it’s like you also voted ‘no’ to the impeachment,” he said.

In contrast, he said, the prosecution would still have to generate 16 votes even if the Senate has only 22 members available.

No majority vote

With the House preparing to vote on Gutierrez’s impeachment, or not, the Senate blue ribbon committee has released a partial report that included a recommendation that she be impeached for the controversial plea bargain between state prosecutors and former military comptroller Carlos Garcia.

A total of 13 senators signed the partial report, but most of them expressed reservations on the recommendation concerning Gutierrez.

Sen. Joker Arroyo on Friday said the report did not have the “unqualified vote of the majority” of the blue ribbon committee.

“Unless a majority vote in the committee is reached on the impeachment aspect, that matter cannot be submitted for plenary consideration and approval,” he said.

Sen. Juan Miguel Zubiri, who also voted “with reservations,” said he concurred only with the finding that the prosecutors had let Garcia, who was accused of plunder, off the hook.

Zubiri said his concurrence did not cover the recommendation on Gutierrez “as I want to remain impartial when we convene as an impeachment court.”

“Perhaps those who signed and did not write ‘with reservations’ should be asked,” he said. “As far as I’m concerned, I will remain impartial and fair to all parties concerned.”

Blind, deaf, asleep

Gutierrez has ignored calls that she resign to spare the nation a costly and painful impeachment trial, and has constantly expressed the belief that she would receive fair treatment from the Senate.

Speaking with reporters on Thursday night in Singapore, where he was on a state visit, Mr. Aquino said: “That is her right. She knows there is presumption of innocence until proven guilty. If that is the route she wants to take, that is up to her.”

He added: “But I’m just thinking, how do you show something to someone pretending to be blind? How do you make someone hear if that person is acting deaf? How do you wake up someone who is pretending to be asleep?

“That is up to her, but those who filed the [impeachment complaints] believe that she had shortcomings in the performance of her duties.”

Binay: wait and see

The President also said other responsible persons in the Office of the Ombudsman would likewise have to answer for the lack of progress of the cases they were handling.

On the other hand, Vice President Jejomar Binay is taking a wait-and-see stance.

“Let’s see what the results will be,” he said on Friday when asked if he backed efforts to impeach Gutierrez.

Binay was interviewed in Camp Aguinaldo, where he was the guest speaker at the graduation ceremonies of the Armed Forces’ Command and General Staff Course Class 54.

“No comment. I don’t want to speculate. Let’s just wait when it’s elevated to the Senate. Apparently, it’s sure [to] be elevated [to the Senate]... I think the Ombudsman has accepted that the next round would be in the Senate,” Binay said.

Christian Esguerra & Gil Cabacungan, Jr., Phil. Daily Inquirer