Chiz on move to dismiss VP Sara's impeach case: There's no prohibited motion
The Senate impeachment court may vote on the motion to dismiss the impeachment complaint against Vice President Sara Duterte if a senator-judge makes such a submission, Senate President Francis Escudero said Wednesday.
Escudero was asked if the Senate impeachment court would take up a motion to dismiss the impeachment complaint against the Vice President outright.
Senator Ronald "Bato" dela Rosa had moved in the plenary for the dismissal of the Article of Impeachment, but his motion was eventually amended that the complaint be returned to the House of Representatives pending a couple of certifications.
'Wala namang bawal na motion. 'Yan ang problema ko sa maraming nagsasabi na kung anu-ano. Asan ba 'yung rule? Asan ba 'yung provision sa Saligang Batas o sa Rules on Impeachment na bawal ang ganito o ganyang klaseng motion? Hindi mo namang pwedeng pigilan,' Escudero said in a press conference.
(There is no prohibited motion. That is my problem with people making comments. Where is the law, constitutional provision, or Rules of Impeachment that a certain motion is prohibited? You cannot stop someone from making a motion.)
'Dahil collegial body ang Senado bilang impeachment court, kapag kami nag-motion at may nag-object, ano bang gagawin? Pagbobotohan," Escudero said.
"Always by simple majority. Ang hindi lamang required ng simple majority [kasi] two-thirds ang kailangan kapag magbobotohan, iyong to, acquit or convict [an impeachable official under trial],' he added.
(The Senate is a collegial body and as an impeachment court, when a motion is put forward, what do we do? We vote on it. The only case when a simple majority is not required is on deciding whether to convict or acquit the impeachable official, which requires two-thirds.)
Escudero was referring to the Constitutional requirement that two-thirds of the members of the Senate impeachment court needed to convict the impeachable official under trial.
'It begs the question. Kung may simple majority ka to dismiss, for example, then imposible ka na maka two-thirds. It's simple math,' Escudero added.
(If you have a simple majority to dismiss, then it would be impossible for you to make two-thirds.)
Escudero said a motion to dismiss can also be put forward by the lawyers of the Vice President once the impeachment trial is convened, based on the answer ad cautelam of the Vice President seeking to dismiss the impeachment complaint for being illegal as it violates the constitutional one-year ban limiting the filing of one impeachment complaint against an impeachable official per year.
'Binring up naman na sa answer [ad cautelam] eh. So I presume her lawyers will do that,' Escudero said.
(That is what was raised by the Vice President in her answer [filed before the Senate impeachment court].)
Escudero, however, said that any motion can be made, including also a motion to convict the Vice President right away.
"Someone could also make a motion to convict her outright, and I cannot prevent that from happening. But I will not vote for that. So don't just focus on the motion to dismiss. Because a motion to convict [outright] can also be made," Escudero said. — VDV, GMA Integrated News
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