11 hours ago
Senate to allow evidence vs. VP Sara if impeach rap is constitutional —Alan Cayetano
The Senate impeachment court will allow the presentation of evidence against Vice President Sara Dutete on one condition: if the said court has already resolved that the impeachment complaint is constitutional.
'I can only assure the public na aabot tayo sa ebidensya if the whole impeachment court says na wala itong fatal constitutional defect that takes out jurisdiction from the court,' Senator Alan Cayetano, a lawyer, told reporters.
(The public can be assured that we will reach the presentation of evidence if the whole impeachment court says that the complaint has no constitutional defect.)
Cayetano made known his position a day after Senate President Francis Escudero said that the Senate can vote on the motion to dismiss the impeachment complaint if such motion is put forward by either a senator-judge or the camp of the Vice President.
Further, Escudero said that a motion to dismiss the impeachment complaint against the Vice President outrightly can be carried via a majority vote, just like any other motion.
'Hindi pa pwedeng ipakita mo muna lahat ng ebidensya mo kay VP Sara, saka natin tignan kung may jurisdiction o wala,' Cayetano added.
(You can't show the evidence against the Vice President and then later decide if the court has jurisdiction over the case or otherwise)
Duterte and Senator Ronald dela Rosa, who are both seeking to dismiss the impeachment complaint, argue that the complaint violates the Constitution's one-year bar rule, which only allows for the filing of one impeachment complaint against an impeachable official per year.
The House prosecution panel contends that the fourth impeachment complaint filed by over 200 members of the House against the Vice President is the lone verified impeachment complaint filed against her because the first three impeachment complaints were never forwarded by House Secretary General Reginald Velasco to the Office of Speaker and Leyte Rep. Martin Romualdez.
An impeachment complaint must be referred to the Office of Speaker for it to be scheduled for House Committee on Justice deliberation.
The fourth impeachment complaint filed last February 5, however, had more than 200 House members as endorsers or way above the Constitutional requirement of one-third of all House members for it to be directly transmitted to the Senate and for the impeachment trial to 'proceed forthwith.'
Realm of possibilities
Cayetano then said that Escudero was simply laying out possibilities and not guaranteeing dismissal of the impeachment complaint.
'Just because you can, it doesn't mean you should. We really have to take a deep breath and think what's best for the country. And that's precisely why we agreed to return the impeachment complaint to the House first,' Cayetano said.
Cayetano was referring to the motion of dela Rosa seeking to dismiss the impeachment rap against the Vice President allegedly due to being violative of the one-year bar rule.
Dela Rosa's motion put forward before the Senate impeachment court last June 11, however, was amended to returning the impeachment complaint to the House and requiring the House to submit certifications that it did not violate the one-year bar rule and that the 20th Congress, which will only start on July 28, will still pursue the impeachment case against the Vice President.
'Kung na-dismiss during that time, what would be next? Pagdating nung bagong labing dalawang senador, back to zero kami. But ngayon na ibinalik, so one, mahihimay natin yung issue that did they or did they not violate the Constitution in terms of one impeachment lang in a year,' Cayetano said.
'Secondly, obvious naman yung ano eh, pagka nag-appoint sila ng bagong prosecutor at dumating sila, interesado pa sila. Kung hindi sila dumating sa korte, hindi na sila interesado. Pero hindi mo pwedeng sabihin 'yan from the 19th Congress [na iyon rin ang gagawin ng mga] nasa 20th Congress,' Cayetano said.
(Also, if the House appoints a new set of prosecutors, then that would show that they remain interested in pursuing the impeachment case. If they don't show up, then they are not interested anymore. But we cannot assume that what the 19th Congress wants to do will be the same for the 20th Congress.)
Cayetano then said there is no need for the public to be alarmed at this point.
'Don't panic because one, there's the Supreme Court. If you have a majority who says that they (House) violated the Constitution, babagksak at babagsak 'yan Supreme Court 'yan. Secondly, what's the worst case? They can file another one after one year,' Cayetano said.
(If the Senate court finds the impeachment case unconstitutional, then it can be questioned before the Supreme Court. And what is the worst case? They would have to file another impeachment complaint after one year.) —LDF, GMA Integrated News
