‘Ridiculous:’ UP law prof slams Padilla’s force majeure interpretation

MANILA, Philippines — A University of the Philippines law professor said redefining “force majeure” to allow a fugitive senator to vote remotely in plenary sessions and in Vice President Sara Duterte’s impeachment trial was a legal stretch.

In an interview on DZMM Teleradyo on Friday, UP Assistant Professor Michael Tiu Jr. rejected Sen. Robin Padilla’s proposal to amend Senate rules and change the meaning of “force majeure,” which refers to unforeseeable or extraordinary events such as natural disasters.

“I think it will not work or should not be allowed, because if those things are really force majeure, why would only senators be affected and unable to attend and vote? What about the entire Senate, their staff and committee staff?” Tiu said in Filipino.

Tiu said even if Padilla’s examples, such as La Niña or the Middle East conflict, were accepted as force majeure, such events would have to affect all Filipinos and any accommodation should apply to everyone, not just senators.

Tiu cited the COVID-19 pandemic as a clear example of force majeure, saying it disrupted lives and livelihoods across the country and justified Congress’ shift to virtual sessions.

“In the context he is using it, it is wrong. The purpose of force majeure is to serve as an excuse when you cannot do what you are required to do,” Tiu said in Filipino.

He called the proposal “ridiculous” and “concerning,” warning that redefining a basic legal concept as a convenient excuse to avoid obligations would undermine its integrity.

The Senate has been at a standstill since the minority bloc walked out of Tuesday’s session, breaking the quorum and blocking the majority’s push to amend rules allowing online voting in plenary sessions and the impeachment trial even without force majeure.

Pre-trial proceedings for Duterte’s impeachment are expected to begin on July 6, a month after Congress breaks for recess.