No oath taking of new senator-judges sans new SP in 20th Congress —Tongol
This was in response to the call of Senator Risa Hontiveros for Senate President Francis 'Chiz' Escudero, who sits as presiding officer of the impeachment court, to already conduct the oath-taking of the new senator-judges.
According to Tongol, the swearing in of the new senator-judges depend on the existence of a presiding officer or a Senate president.
Since a new Congress is set to open, Escudero may either be reelected or get replaced as the top leader of the upper chamber come the 20th Congress.
'[The] senator-judges will have to take their oath before the presiding officer. And as you know, if one Congress adjourns and another begins, the Senate president is going to be elected or reelected again, so kailangan po nating hintayin kung kanino manunumpa [we have to wait who they will swear in to],' Tongol said.
'Ayaw po ng presiding officer na magkaroon ng kwestyon doon sa proseso o sa step na 'yun ng panunumpa na maaari pang makwestyon at magkaroon ng legal impediments kapag nagpatuloy na ang proseso. So gusto ng presiding officer, as a matter of prudence and diligence, na gawin na lamang 'yun kapag nag-elect ng Senate president,' he added.
(The presiding officer does not want any questions to be raised in the process or in that step of oath taking and raise possible legal impediments when the process continues. So the presiding officer, as a matter of prudence and diligence, wants to do that when a Senate president gets elected.)
Tongol clarified that the earliest date that the new senator-judges may take their oath is on July 29—a day after the 20th Congress opens on July 28, coinciding with the fourth State of the Nation Address (SONA) of President Ferdinand 'Bongbong' Marcos Jr.
He, however, clarified that Escudero currently remains to be the impeachment court presiding officer as a matter of 'holdover principle.'
Asked if Escudero will not do anything impeachment-related until the 20th Congress opens, Tongol said: 'Well as of today, I think ganon 'yun [that will be the case]…and as based on the pronouncements of the Senate president himself during his presscon last week, I think that is the policy that he is taking for the mean time.'
'However, in the next few weeks, hindi natin alam. We cannot second guess kung ano 'yung…baka may makapag-persuade sa kanya, so hindi ko alam,' he continued.
(However, we don't know what may happen in the next few weeks. We cannot second guess what can happen. Maybe someone can persuade him, so I don't know.)
The House of Representatives impeached Duterte on February 5, with over 200 lawmakers endorsing the complaint. The Vice President was accused of betrayal of public trust, culpable violation of the constitution, graft and corruption, and other high crimes.
The Senate impeachment court convened on June 10, with the trial proper expected to begin in the 20th Congress. —AOL, GMA Integrated News
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
GMA Network
39 minutes ago
- GMA Network
Palace: Marcos to study refiled divorce, anti-political dynasty bills
President Ferdinand ''Bongbong'' Marcos Jr. will study the refiled bills in Congress, particularly the proposed measures on divorce and anti-political dynasty. During Thursday's press conference, Palace Press Officer Undersecretary Atty. Claire Castro said the President has no official stance yet as regards the divorce bill, as it would be better to study this measure first. ''Sa ngayon po ay wala pa pong klarong stance ang Pangulo patungkol sa Divorce Bill... Mas maganda po talagang makita kung ano iyong nilalaman na provisions sa sinabi nating Divorce Bill dahil sa ating pagkakaalam ang karaniwan doon sa mga provisions or sa mga dahilan para i-approve ang legal separation ay sinama nila para maging dahilan na rin para mapawalang-bisa ang kasal hindi lang through legal separation,'' Castro said. (Right now, the President does not have a clear stance regarding the Divorce Bill... It would be better to see what provisions are contained in the said Divorce Bill because, as far as we know, the usual provisions or reasons for approving legal separation have been included to also be grounds for annulling a marriage, not just through legal separation.) Pressed if Marcos would support such a measure, Castro said it will depend on the bill's provisions and if the Church will also support it. ''Depende po. Muli, kapag po maganda iyong provisions at makikita rin po natin na ang bawat simbahan ay umaayon na ito ay dapat at nararapat, maaari po itong bigyan nang magandang tugon ng Pangulo,'' she said. (It depends. Again, if the provisions are good and we also see that every church agrees that this is what is necessary and appropriate, the President can give a good response to this.) On Wednesday, the Makabayan bloc lodged a measure that seeks to ban political dynasties. The proposed Anti-Political Dynasty Act seeks to prevent family members from holding or running for national and local positions simultaneously. Castro said the President will also look into this. "Siguro po mas maganda kung maibibigay niya/nila ang pinakadetalye at buong nilalaman ng bill na ito dahil mahirap po sa ngayon na mag-oo o maghindi ang Pangulo. Mas maganda pong maibigay iyong pinakadetalye dahil maaaring magandang maidulot nito sa ating bansa," she said. (Maybe it would be better if they could provide details of this bill because it is difficult for the President to say yes or no at this time. It would be better if the most detailed information could be provided because it may bring good to our country.) Castro also said Marcos would support any measure that will push for the betterment of the youth. She was asked about the bill filed by Senator Panfilo Lacson seeking to regulate the use of social media by minors. ''Kung ito po talaga ay magko-cause ng mental health issues, sususugan din po ng Pangulo iyan at makakakuha siya ng suporta basta po ito ay para sa taumbayan at lalung-lalo na para sa kabataan,'' Castro said. (If this really causes mental health issues, the President will also amend it and he will get support as long as it is for the people and especially for the youth.) Under Lacson's bill, minors shall be prohibited from accessing or using social media services, while social media platforms shall take "reasonable steps and age verification measures to prevent age-restricted users from registering, accessing, or continuing to use their social media service." —VAL, GMA Integrated News
GMA Network
18 hours ago
- GMA Network
Impeachment prosecutor Chua: No legal basis for 2nd certification requirement
The Senate impeachment court's requirement that the House of Representatives submit another certification, one stating that it is still willing to pursue the impeachment of Vice President Sara Duterte in the 20th Congress, has no legal basis, a member of the House prosecution panel said. "Sa akin kasi yung second requirement na binabanggit nila, actually to be honest with you, itong nire-require po sa amin, we believe na parang medyo hindi... may problema talaga, questionable," Impeachment Prosecutor Rep Joel Chua of Manila 3rd district told reporters in an interview. "Wala namang legal basis eh," he added. (For me, this second requirement that they are talking about, to be honest with you, we believe that there's a problem with it; it's questionable. There no legal basis for it.) Chua declined to comment on whether this new requirement was a "trap," as stated by Akbayan Representative Chel Diokno, who is expected to join the House prosecution panel. But Chua said the prosecution team is studying how to comply with the requirement as it does not want to be accused of delaying the impeachment proceedings. "But just the same, the reason why we are complying with it, because ayaw naman namin na mapagbintangan kami na [we don't want it said that] we are delaying the hearing, the impeachment hearing. So kaya nga sa feeling namin, in fact, pati yung submission ng certification na hindi naman kailangan eh, di ba?" Chua said. (So we feel like we have to comply, including with the submission of the certificate that isn't needed, right?) "How can we comply with the second requirement when the 20th Congress has yet to start, di ba? So maybe, pag-aaralan na lang namin kung ano yung proper na next step na gagawin namin [we will have to look into what our next proper step should be]," he added. Chua said the House prosecution panel is extra careful with its moves. "What is the effect if we will comply? So we have to balance everything. We have to be very careful. Baka mamaya... lahat na lang binibigyan nila ng ano. So alam mo, yung impeachment kasi hindi naman dapat sobrang higpit. [The impeachment should not be that strict.] This is not a court of law," he explained. Chua insisted that there is no legal impediment for the impeachment trial to proceed. "When we transmitted the Articles of Impeachment to the Senate, there is always a presumption of legality. So wala kami nakikita doong [We don't seen any] legal impediment. So dapat under the Constitution , under the law, dapat they should have proceeded with the trial," he said. On the Senate Impeachment Court's statement that it cannot convene while the House prosecutors have not yet been elected, Chua replied, "Yung sa election ng House prosecutors, while I understand na 11 ang kailangan, but then again yung siyam, yung existing na nine, puwede pa naman silang mag-function. Pwede naman kami mag-function pa eh, di ba?" (As to the election of House prosecutors, I understand that 11 are needed, but the existing nine can still function. We can still function, right?) Chua also believes that trial can be held even before Congress is officially constituted on July 28. "Sa akin kasi, I believe that the Senate is a continuing body. So iba naman yung legislative function namin dito sa impeachment. Dahil dapat nagtutuloy-tuloy na ito eh. We should be proceeding with the trial already," he stated. (The Senate's legislative function is different from its impeachment function. This should be continuing.) Chua added that the House prosecutors will be filing motions in the next few days, including one for holding a pre-trial. 'Enough of delays' ML Party-list Representative Leila de Lima also criticized the Senate impeachment court, saying it expects the House of Representatives to comply with its requirements even if these have no constitutional or legal basis. "It's one ultra vires [beyond their power] act after another being committed by the Senate as an impeachment court. The Senate is treating the House's role in the impeachment like a dog-and-pony show, that the House should perform whatever it demands even if these are not found anywhere in the Constitution or its own Rules of Impeachment. We are not here for their amusement. The House is here to perform a constitutional mandate and prosecute an impeached official. The House has done and is doing its job. The Senate should do theirs as well," de Lima told GMA Integrated News. De Lima also said the Senate should not use the House's non-submission of the second certification to justify the impeachment court's delays. "Huwag dapat nilang ginagawang rason ng tila ba pattern of delay on the Senate's part yung supposed still non-compliance by the House of certain orders," de Lima said. She called on the Senate to convene the impeachment court, hold the trial, and render a verdict. "Insofar as the House is concerned, nagawa na nito ang kanyang trabaho sa pag-initiate ng impeachment complaint at pag-transmit ng Articles of Impeachment sa Senate, dahil yan ang utos ng Konstitusyon. Gawin na rin dapat ng Senado ang tatlong utos sa kanila ng Konstitusyon: 1. Convene (or re-convene as an impeachment court; 2. Hold impeachment trial; and 3. Render a verdict," de Lima said. "Enough of delays and excuses!" she added. — BM, GMA Integrated News
GMA Network
20 hours ago
- GMA Network
Bato refiles death penalty bill vs drug traffickers
Senator Ronald "Bato" Dela Rosa on Wednesday refiled in the 20th Congress a measure that seeks to restore the death penalty for large-scale drug traffickers. The bill on capital punishment for large-scale illegal drug trafficking, which Dela Rosa has been pushing since 2019, topped the lawmaker's 10 priority legislative measures for the incoming 20th Congress. Dela Rosa served as chief of the Philippine National Police (PNP) during the Duterte administration and was the lead implementer of the war on drugs. Former President Rodrigo Duterte is now detained at The Hague, Netherlands over charges of crimes against humanity for the extrajudicial killings during the drug war. Also included in Dela Rosa's priority bills were the Reserve Officers' Training Corps (ROTC) Act, Amendment to Party-list System Act, End Local Communist Armed Conflict (ELCAC) Act, and Anti-Drug Abuse Council Act. Healthcare Senator JV Ejercito also filed his 10 priority bills on Wednesday, including a proposed P74.4-billion Supplemental Appropriations for PhilHealth to strengthen the country's health insurance system and uphold the mandate of the Universal Health Care (UHC) Law. Ejercito, principal sponsor of the UHC Act, underscored the importance of the supplemental budget amid the rising medical costs. He also filed a measure seeking to suspend excise taxes on regular gasoline, unleaded premium gasoline and diesel; and a separate bill on the P250 Daily Minimum Wage Increase Act and Motorcycle Taxi Act, among others. Meanwhile, included in Senator Imee Marcos' priority bills were the National Minimum Wage Act, Budget Modernization Act, Assistance to Individuals in Crisis Situation (AICS) Act, and the National Tax Allotment Act. Senators started filing their priority legislative measures for the 20th Congress on Monday, June 30. The new Congress is set to convene its first session day on July 28. — VDV, GMA Integrated News
