Latest news with #RulesonImpeachment
GMA Network
8 hours ago
- Politics
- GMA Network
SC a 'last resort' for House prosecutors if Senate junks VP Sara impeachment —spox
The House of Representatives Prosecution Panel would resort going to the Supreme Court (SC) on the impeachment of Vice President Sara Duterte should the Senate move to dismiss the case, according to their spokesperson Atty. Antonio Audie Bucoy. "Wala kaming ibang pupuntahan kasi ang SC lang ang final judge ng Constitutional issue of whether it is compliant with the Constitution or not,' Bucoy said at the Saturday News Forum. (We have nowhere else to go because the SC is the final judge of the Constitutional issue of whether it is compliant with the Constitution or not.) Bucoy made the remark after Duterte entered a 'not guilty' plea in the verified impeachment complaint filed against her by the House of Representatives, which she called merely a 'scrap of paper.' In the 35-page answer ad cautelam (with caution) submitted by Duterte's camp to the Senate impeachment court on Monday, the Vice President argued that the fourth impeachment complaint must be dismissed for being illegal, saying that it violated the one-year bar rule under the 1987 Constitution. The House of Representatives prosecution panel, in response, asked the Senate impeachment court to reject Duterte's bid to dismiss the impeachment case against her, saying the severity of the charges requires no less than a full and transparent trial and her conviction. Should the Senate impeachment court rule in favor of the Vice President's appeal, Bucoy said the House prosecution would file before the Supreme Court a 'petition for certiorari with mandamus, questioning the exercise of abuse of discretion amounting to lack of jurisdiction.' ''Yun lang ang puwede namin i-akyat eh, 'yung grave abuse of discretion amounting to lack of jurisdiction… mandamus for the [Supreme] Court to compel the [Senate] court to try it,' he said. (That's all we can do. The grave abuse of discretion amounts to a lack of jurisdiction… mandamus for the Supreme Court to compel the Senate court to proceed with the trial.) 'The only thing the SC can do is either reverse or modify 'yung kanilang decision,' he added. (The SC can either reverse or modify the decision.) Motion Senate President Francis Escudero on Wednesday said that 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. 'Wala namang bawal na motion... 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. Where is the law, constitutional provision, or Rules of Impeachment that a certain motion is prohibited? You cannot stop someone from making a motion.) Senator Ronald "Bato" dela Rosa had moved in the plenary for the dismissal of the Articles of Impeachment, but his motion was eventually amended so that the complaint be returned to the House of Representatives pending a couple of certifications. 'Constitutional crisis' Bucoy, meanwhile, warned that it would become a 'constitutional crisis' if the Senate refuses to follow what the Supreme Court's decision would be. 'There will be a constitutional crisis kung nag utos ang SC at ayaw sumunod then we have a crisis, pero I doubt kung hindi sila susunod," he said. This, as Bucoy stressed the importance of proceeding with the trial. 'Para sa amin, mahalaga na magkaroon ng paglilitis, kahit na i-acquit niyo yan, basta naipakita namin sa bayan ang mga ebidensya namin sa lahat ng krimen na ginawa niya,' he said. (For us, it is important to have a trial, even if you acquit her, as long as we have shown the people our evidence for all the crimes she committed.) 'Bayan na ang maghuhusga sa inyo. Pero babalikan ko ulit, nagtitiwala pa rin kami sa proseso dahil ito haka-haka pa rin. Malalaman natin sa susunod na mga araw kung tama ang ating pag agam-agam,' he added. (Let the people be the judge. Again, we still trust the process because this is still speculation. We will know in the coming days if our doubts are correct.) Duterte is accused of betrayal of public trust, culpable violation of the Constitution, graft and corruption, and other high crimes mainly over alleged misuse of P612.5 million worth of confidential funds and for threatening to kill President Ferdinand Marcos, Jr., his wife Liza and his Speaker Martin Romualdez of Leyte, among others. The Vice President has denied the allegations. Bucoy also said that the House prosecution team has not yet discussed whether it will file a motion for inhibition against senator-judges who have expressed biases in the case. 'I think there's growing opinion… it's gaining ground na 'wag na lang.' Malilihis na naman eh. Pangalawa, it will only compound our numbers issues,' he said. —VAL, GMA Integrated News
GMA Network
3 days ago
- Politics
- GMA Network
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
