Impeachment complaint filed, again! – Katrina Legarda
KAT'S EYE by KATRINA LEGARDA | 10/22/2008 1:00 AM
Printer-friendly version | 
Send to friend | 
Share your views
Impeachment time is here again. This is the first time in our country's history that a President has been faced with an impeachment complaint every year.
It looks like the members of the Opposition are inspired by the results of the impeachment complaint filed against former President Erap. As we all know, he was impeached and the Senate convened as an impeachment court. While the Senate proceedings failed to achieve a “conviction,” President Erap was ousted by “forces” on EDSA.
Wikipedia tells us that “impeachment is the first of two stages in a specific process for a legislative body to forcibly remove a government official. The second stage is conviction.
Impeachment is a rare term that can be horribly misunderstood. ... it is only a legal statement of charges, paralleling an indictment in criminal law. An official who is impeached faces a second legislative vote (whether by the same body or another), which determines conviction, or failure to convict, on the charges embodied by the impeachment. ...
The word "impeachment" derives from Latin roots expressing the idea of becoming caught or entrapped, and has analogues in the modern French verb empêcher (to prevent) and the modern English impede. ... Impeachment is a British invention.” Please take note of this historical background: the Brits have the parliamentary system of government down pat. We are about 250 centuries behind them.
In our country, the process of impeachment is based on the concept that PUBLIC OFFICE IS A PUBLIC TRUST. (Maybe this is the point where we can all laugh out loud?) Specifically, the 1987 Constitution states (in Section I, Article XII), that: “Public officers and employees must, at all times, be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency; act with patriotism and justice, and lead modest lives.” (Emphasis mine so that I can say that maybe it is at this point we can laugh out loud?) OK, OK. I am going to try and be serious in this “legal” column.
Only these public officials can be removed by impeachment: The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman. The grounds for indictment are: culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.
Interestingly, despite the voluminous complaint filed by Joey de Venecia, et al., the recent declared unconstitutionality of the Bangsamoro memorandum was not made a cause of action.
Even more interesting is (if the news reports are accurate ha?!) that it is Oliver Lozano's complaint that alleges this one issue. HMMMMMMM. I am suspicious.
Did he know that the Supreme Court would declare in its very recent decision that: “The MOA-AD cannot be reconciled with the present Constitution and laws. Not only its specific provisions but the very concept underlying them, namely, the associative relationship envisioned between the GRP and the BJE, are unconstitutional, for the concept presupposes that the associated entity is a state and implies that the same is on its way to independence.” The Supreme Court even described the negotiations to be a “furtive process,” amounting to a “whimsical, capricious, oppressive, arbitrary and despotic exercise” of executive power. Grounds for impeachment indeed, but apparently not alleged in the De Venecia complaint (again, if news reports are accurate).
Well, impeachment is purely political anyway. The merits of the complaint are irrelevant. What counts is how many Congressmen will vote to indict the President.
The Constitution requires a vote of at least one-third of all the Members of the House to affirm a favorable resolution with the Articles of Impeachment of the Committee, or override its contrary resolution.
What does that mean? Per the website of the Congress, there are 238 Congressmen. That means that at least eighty (80) congressmen will be needed to impeach the President. This further means that a very happy Christmas will be had by all, as the executive branch will definitely use all its resources to prevent an impeachment.
There goes our taxpayers' money once again. Corruption, graft, bribery... you name it, we will hear about it in the newspapers. Media will once again describe bribery by the number of “pieces of silver.” Apt and biblical.
Should the President be impeached by Congress, the Senate comes in to sit as judges. The Senate has the sole power to hear and decide impeachment cases. Since the President will be the respondent, or the accused, once again the Chief Justice will preside. (Remember Davide presided in the Erap impeachment proceedings?). Two-thirds vote will be needed to convict: that is, sixteen (16) senators.
Malabo talaga, what do you think?
You can email me through newsfeedback@abs-cbn.com. Till next time.