Latest news with #Carpio
GMA Network
17 hours ago
- Politics
- GMA Network
Carpio: SC may still reverse decision on Sara Duterte's impeachment
Retired Supreme Court Senior Associate Justice Antonio Carpio said Wednesday that there is still a possibility that the high court will reverse its decision declaring the articles of impeachment against Vice President Sara Duterte as unconstitutional. Carpio said this, hinging on the plan of the House of Representatives to file a motion for reconsideration on the SC decision as the lower chamber argued that the ruling was based on incorrect findings that contradict official records. 'Theoretically, pwede [it's possible]. I mean, there's no rule or law, constitutional provision that say that they [cannot] correct themselves,' Carpio said at the Kapihan sa Manila Bay forum when asked of the possibility of the decision getting reversed even as the SC justices voted unanimously on it. According to the former SC associate justice, there had been many instances in the past when the high court 'completely reversed itself.' Meanwhile, Christian Monsod, one of the framers of the 1987 Constitution, said that the SC may 'correct itself on some parts' of their decision. 'It's not yet final, it's only executory but not yet final because the House still has motion for reconsideration. So I would think that the Senate should hold in abeyance any action because it's not yet final,' Carpio explained. 'Normally, you act when it's already final. Because it's not yet final, there's still a chance it could be reversed or changed because there's a motion for reconsideration,' he added. Carpio, however, emphasized that if the decision becomes final, the ruling must be followed because the Supreme Court is the final arbiter 'whether it's correct or not.' Voting 13-0, the Supreme Court earlier declared the articles of impeachment against Duterte as unconstitutional, saying that it was barred by the one-year rule under Article XI Section 3 paragraph 5 of the Constitution. The high court also found that the articles violated Duterte's right to due process. The SC decision is immediately executory but a motion for reconsideration may be filed. The high court also emphasized that it is not absolving Duterte from any of the charges against her, but any subsequent impeachment complaint may only be filed starting February 6, 2026. House of Representatives spokesperson Princess Abante said the lower chamber is preparing to file a motion for reconsideration of the SC decision, noting that upon studying, the House found that the bases for it were alarming. 'Ang Kamara, matapos ang masusing pag-aaral, ay maghahain ng motion for reconsideration dahil ang desisyon na nagsasabing ang Articles of Impeachment na ipinadala sa Senado ay barred or unconstitutional ay nakaangkla sa mga factual premises o findings na mali at salungat sa opisyal na record ng Kamara,' Abante said. (The House, after thorough study, will file a motion for reconsideration because the decision declaring that the Articles of Impeachment transmitted to the Senate are barred or unconstitutional is based on factual premises or findings that are incorrect and contrary to the official records of the House.) Meanwhile, Senate President Francis 'Chiz' Escudero announced Tuesday that the Senate will discuss the SC decision on August 6, 2025, 'in order to afford ample and sufficient time to the members to study the 97-page Supreme Court decision, excluding the concurring and separate opinions filed by five or six additional magistrates of the Supreme Court.'—AOL, GMA Integrated News
GMA Network
4 days ago
- Politics
- GMA Network
No due process if no chance to answer petitions to junk Articles of Impeachment vs. VP Sara — Carpio
The prosecution panel of the House of Representatives was not given the chance to answer or comment on the two petitions before the Supreme Court asking it to dismiss the impeachment of Vice President Sara Duterte, according to retired Supreme Court Senior Associate Justice Antonio 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
