No due process if no chance to answer petitions to junk Articles of Impeachment vs. VP Sara — Carpio
In an interview in Super Radyo dzBB on Sunday, Carpio said there is no due process if the House was not given the opportunity to answer the said petitions.
On Friday, the Supreme Court voted unanimously to declare the Articles of Impeachment against Vice President Sara Duterte as 'unconstitutional'.
Voting 13-0, the SC ruled unanimously, deeming that the Articles of Impeachment are barred by the one-year rule under Article XI Section 3 paragraph 5 of the Constitution. Moreover, magistrates ruled that the articles violate the right to due process.
'In this case there are two petitions (before the) Supreme Court kay VP Sara at kay Atty. (Israelito) Torreon. The House was never made to comment. Walang opportunity to comment. Hindi inorder (It was not ordered),' Carpio said.
'Normally pag nag habla ka, you file your complaint, yung kabila will be allowed to answer para due process. If you were not heard through a comment, through an answer, walang due process yun e,' he pointed out.
Aside from this, Carpio said there was also no oral argument.
Despite describing the situation as an 'uphill battle', the former justice described the House position as still strong, citing that it was actually able to adopt the fourth Article of Impeachment before it adjourned based on its records.
'Matibay ang position ng House dahil ang sabi ni Supreme Court sa pag adjourn ninyo, doon nagsimula ang one-year bar rule you cannot file another impeachment case… Like in this case, on the 10th session day you are still allowed to file the impeachment complaint... Kapag finile mo on the 10th session day paano ka magkakaroon ng hearing, last day na 'yun, Carpio said.
"Final arbiter naman yung Supreme Court pero habang may opportunity pa to file a motion for consideration we can still ask for a motion for reconsideration,' Carpio said. — RF, GMA Integrated News
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