Latest news with #1987Constitution
GMA Network
26-06-2025
- Politics
- GMA Network
House prosecutor: Senate can't vote to dismiss VP Sara impeach case
Vice President Sara Duterte attends a legislative inquiry into her office's use of public funds at the House of Representatives in Quezon City, Philippines on November 25, 2024. REUTERS/Eloisa Lopez An impeachment prosecutor of the House of Representatives on Thursday disagreed with the position of Senate President Francis "Chiz" Escudero that senator-judges can vote to dismiss the articles of impeachment against Vice President Sara Duterte. Representative Gerville Luistro of Batangas' second district expressed her view after Escudero on Wednesday said the Senate impeachment court may vote on a motion to dismiss the articles should a member of the impeachment court make such a submission. "The Impeachment Court cannot dismiss the Articles of Impeachment," Luistro told GMA Integrated News. "The Constitution is clear. The power/function of the Impeachment Court is to try and to decide. Let us take note of the use of the word 'and,'" Luistro added. She also said both the prosecution and the defense panels must be given an opportunity to present their evidence. "Trial on the merits is mandatory. Ample opportunity to present evidence must be given both to the prosecution and the defense. Then and only then can the senator-judges decide whether to convict or to acquit," Luistro said. Senator Ronald "Bato" dela Rosa had moved in the plenary for the dismissal of the Articles of Impeachment, but his motion was eventually amended that the complaint be returned to the House of Representatives pending a couple of certifications. Speaking at a press conference regarding the matter, Escudero said there is no prohibited motion and that senators cannot be stopped from making such a motion. As a collegial body, Escudero said, objections to motions are put to a vote. "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]," Escudero said. (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.) What the Charter provides Asked if there was any legal or constitutional basis for Escudero's statement, Luistro replied, "When the Constitution does not provide, we should not provide." For her part, ML Party-list Representative-elect Leila de Lima lashed out at Escudero's view on the issue. "May Chiz Escudero version na talaga ang 1987 Constitution. Ibang-iba sa original," De Lima said in an online post. (There's really a Chiz Escudero version of the 1987 Constitution. Totally different from the original.) De Lima is expected to join the House prosecution panel in the 20th Congress. 'Disservice' to Filipinos Meanwhile, House leaders said dismissing the Articles of Impeachment against Duterte without the presentation of evidence would be a disservice to the Filipino people by the Senate impeachment court. House Assistant Majority Leaders Ernesto "Ernix" Dionisio of Manila and Zia Adiong of Lanao del Sur made the assertion in response to Escudero's statement in a press conference on Thursday. "At the end of the day, ano ba 'yung basis ng motion to dismiss? Each senator should act as an impartial judge, whether or not they are in favor of the accused or not. Doon mo makikita na may pinapanigan agad kapag nagmo-motion to dismiss without hearing a piece or pieces of evidence. Wala pang pinipresentan, gusto na nilang i-dismiss," Dionisio said. (What is the basis of motion to dismiss to begin with? If a Senator-judge will make a motion to dismiss without hearing the pieces of evidence, then that senator-judge is clearly partial because he or she wants a dismissal without hearing the evidence.) "The people are watching, history will write itself now. We don't want to overstep, but it is our opinion that the impeachment is the best way to see whether or not guilty or not guilty after seeing the pieces of evidence," Dionisio added. Respect the Constitution On the other hand, Adiong said senator-judges should base their decision whether to convict or acquit an impeachable official on the merits of the complaint rather than dismissing it outright. "Kung may mga motion to dismiss, ang mga senator-judges, ako... I still maintain my optimism that they will decide based on the merits of the evidence. There are senators who have already prejudged the outcome or already have their own leanings, their own biases. [At] wala naman problema if they vote for either to convict or to acquit. Basta ang position lang po namin is to respect what the Constitution says and let the impeachment process proceed," Adiong said. (If the motion to dismiss will be put forward... there is no problem if a senator-judge wants to acquit or convict. However, we stand by our position that what the Constitution should be respected and let the impeachment process proceed.) Adiong was referring to Article XI Section 3.4 of the 1987 Constitution, which states that "in case the verified complaint or resolution of impeachment is filed by at least one-third of all the members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed." The impeachment complaint endorsed by over 200 lawmakers on February 5 accuses the Vice President of betrayal of public trust, culpable violation of the Constitution, graft and corruption, and other high crimes involving the alleged misuse of P612.5 million worth of confidential funds and threatening to kill President Ferdinand "Bongbong" Marcos Jr., his wife Liza, and his cousin Speaker Martin Romualdez. A question of why With regard to the question of senator-judges dismissing the impeachment case outright, Adiong said, "It's not the question of can they do it? It's the question of why should they do it?" "There is a verified impeachment na complaint ang pinag-uusapan rito ay pera ng taong bayan (There is a verified impeachment complaint involving state funds), allegations that constitute high crimes, tantamount to betrayal of public trust, among others, laid down in the Constitution... The public deserves to know the truth, the public deserves to know kung saan napuntaha 'yung kanilang pera (The public deserves to know the truth, the public deserves to know where their money went)," Adiong added. The full presentation of evidence in an impeachment trial, Adiong said, will also allow justice to be served to the Vice President. "The only way for us to find out the truth and at the same time give due process to the defendant is to continue with the impeachment trial," Adiong said. — VDV, GMA Integrated News
GMA Network
23-06-2025
- Politics
- GMA Network
VP Sara Duterte seeks dismissal of impeachment complaint
Vice President Sara Duterte on Monday formally asked the Senate impeachment court to dismiss the verified impeachment complaint filed against her for being illegal, saying that it violated the one-year bar rule under the 1987 Constitution. The Vice President, in her answer ad cautelam (with caution) filed in compliance with the Senate impeachment court order, was referring to the Constitutional provision allowing only one impeachment complaint to be filed against an impeachable official per year. 'Vice President Sara Z. Duterte, by counsel, without waiving any jurisdictional and/or other objections she has to this case and the Fourth Impeachment Complaint, respectfully states: the fourth impeachment complaint must be dismissed because it is void ab initio for violating the One-Year Bar Rule under Section 3 (5) Article XI of the 1987 Constitution,' the document read. A messenger from the law firm Fortun, Narvasa & Salazar arrived at the office of Senate Secretary Renato Bantug at 5:49 p.m. to submit the answer ad cautelam. The House of Representatives earlier received a copy of Duterte's answer to the impeachment complaint at 3:53 p.m., as confirmed by House spokesperson Atty. Princess Abante. To recall, Duterte was given a non-extendible period of 10 days, starting June 11, to answer to the articles of impeachment against her. Since June 21 was a Saturday, she had until Monday, June 23 to respond. There were initially three impeachment complaints filed by different groups and endorsed by various lawmakers against the Vice President, mainly alleging betrayal of public trust due to the alleged misuse of over P612 million in confidential funds. The impeachment complaints were filed after the House good government and public accountability inquiry revealed that based on the submissions of Office of the Vice President (OVP) and Department of Education under Vice President Duterte's tenure as Education chief to the Commission on Audit, the OVP and DepEd liquidated the P612 million of confidential funds it received from 2022 to 2023 with acknowledgement receipts containing wrong dates, signatories with no birth records, unnamed signatures, non-readable signatories, among others. These three complaints, however, were not forwarded by the House Secretary General Reginald Velasco to the Office of the Speaker, Leyte Representative Martin Romualdez, a requirement for the complaint to be scheduled for House Committee on Justice-level deliberation. A fourth impeachment complaint was filed in February and has gathered over 200 lawmakers as endorsers or way higher than one-third of all the House members needed for the complaint to be sent directly to the Senate for trial as stated in the 1987 Constitution. The fourth impeachment complaint accused the Vice President of betrayal of public trust, culpable violation of the Constitution, graft and corruption, and other high crimes mainly over alleged misuse of around P612.5 million worth of confidential funds and threatening to kill President Ferdinand Marcos, Jr., his wife Liza and the President's cousin and Speaker Romualdez. Ahead of its filing of answer before the Senate impeachment court, the Vice President's camp also furnished the House with her answer at 3:53 pm as confirmed by House spokesperson and Atty. Princess Abante. —LDF, GMA Integrated News
GMA Network
11-06-2025
- Politics
- GMA Network
House says Sara Duterte impeachment complied with Constitution
On a motion by Isabela Rep. Inno Dy, the House plenary deferred acceptance of the articles of impeachment until the Senate Impeachment Court has responded to the queries sought by the House prosecution panel regarding the remanding of the articles of impeachment. The House of Representatives on Wednesday night certified that the impeachment of Vice President Sara Duterte complied with the 1987 Constitution, a day after the Senate impeachment court voted to return the articles of impeachment to the House. On a motion by Isabela Rep. Inno Dy, the House plenary deferred acceptance of the articles of impeachment until the Senate Impeachment Court has responded to the queries sought by the House prosecution panel regarding the remanding of the articles of impeachment. With no objections, the motion was carried. In a voice vote, the House plenary adopted House Resolution No. 2346, which certified that the impeachment initiated on February 5, 2025, against Sara Duterte fully complied with the constitution, including the circumstances on the filing of the first three impeachment complaints. Senior Deputy Speaker Aurelio "Dong" Gonzales Jr., Deputy Speaker David "Jayjay" Suarez, and Majority Leader Manuel Jose "Mannix" Dalipe authored the resolution. The Senate sitting as an impeachment court on Tuesday night voted for the articles of impeachment to be returned to the House of Representatives without dismissing or terminating the case until such time that: The House of Representatives certifies to the non-violation of Article XI, Section 3, paragraph 5 of the Constitution, which provides that 'No impeachment proceedings shall be initiated against the same official more than once within one year; include the circumstances on the filing of the first three impeachment complaints"; and The House of Representatives of the 20th Congress communicates to the Senate that it is willing and ready to pursue the impeachment complaint against the Vice President. Batangas Rep. Gerville "Jinky Bitrics" Luistro, in a news conference on Wednesday, said that the House would defer the acceptance of the articles of impeachment while House members sought clarification from the Senate impeachment court. 'We are certain and it is in the face of the impeachment complaint, that we are fully and strictly compliant with the requirements of the Constitution,' Luistro said. 'They're asking for reconfirmation of the 20th Congress, whether it will pursue the impeachment complaint against the vice president. How can this order be complied with when the 20th Congress does not yet exist?' she added. Those who voted yes include Senate President Chiz Escudero and Senators Ronald 'Bato' Dela Rosa, Robin Padilla, Christopher Lawrence "Bong" Go, Francis Tolentino, Imee Marcos, Cynthia Villar, Mark Villar, Jinggoy Estrada, JV Ejercito, Ramon Revilla Jr., Joel Villanueva, Lito Lapid, Alan Peter Cayetano, Pia Cayetano, Loren Legarda, Raffy Tulfo, and Juan Miguel Zubiri. The negative votes came from Minority Leader Aquilino "Koko" Pimentel III, Deputy Minority Leader Risa Hontiveros, and Senators Grace Poe, Sherwin Gatchalian, and Nancy Binay. –Tina Panganiban-Perez/NB, GMA Integrated News
Filipino Times
28-02-2025
- Politics
- Filipino Times
Escudero proposes July 30 as start date for VP Duterte's impeachment trial
Senate President Francis 'Chiz' Escudero proposed that the impeachment trial of Vice President Sara Duterte could begin on July 30, emphasizing the need to follow legal procedures to prevent further delays. His remarks came in response to Senator Risa Hontiveros, who expressed concerns that senators of the 19th Congress might fail in their responsibilities if the 20th Congress takes up the impeachment case. We are proceeding according to the law and Constitution,' Escudero explained. 'Failure to follow legal procedures would only cause more delays and give opportunities for either party to challenge the process.' In a letter dated February 24, Escudero outlined his reasoning for beginning the impeachment trial while Congress is in session, referencing legal precedents and interpreting the term 'forthwith' in relation to impeachment cases under the 1987 Constitution. Escudero stressed the Senate's constitutional responsibility to try impeachment cases with caution and preparation, quoting the late Senator Miriam Defensor Santiago's stance during the impeachment of President Joseph Estrada. He emphasized that the phrase 'proceed forthwith' should be understood alongside the Constitutional requirement for Congress to establish rules for impeachment. The House impeached Duterte on February 5, with over 200 lawmakers endorsing the complaint. The Articles of Impeachment were forwarded to the Senate the same day, but the Senate adjourned without taking further action. Escudero has suggested that the impeachment trial could tentatively begin on July 30.
