Isa sa mga framer ng 1987 Constitution: Agad na paglilitis ang ibig sabihin ng “forthwith”

2 days ago

Tinalakay ng ilang eksperto sa batas kung dapat bang pagulungin agad ang impeachment trial at kung may jurisdiction ba ang Korte Suprema sa isyu sa isang forum. Kabilang sa kanila ang sumulat ng konstitusyon at ang isang dating Supreme Court Associate Justice na nagdesisyon sa isa ring pag-kwestiyon sa impeachment.

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Transcript

00:00Some law experts discussed whether the impeachment trial should be held immediately

00:06and if the Supreme Court has a jurisdiction on the issue of a forum.

00:10Among them, one of the authors of the Constitution and a former Supreme Court Associate Justice

00:17who made a decision on another impeachment issue, Mark Salazar.

00:22In the forum of the UP College of Law, the law experts discussed the meaning of the Constitution

00:32that the trial by Senate shall forthwith proceed if an impeachment complaint is filed against them.

00:39They focused on the meaning of the word forthwith or whether the trial should start immediately.

00:46One of the framers of the Constitution said,

00:50In ordinary meaning, as constitutionally interpreted, it means right away.

00:58It means immediately.

01:00There is no need to rush.

01:03There is no need to rush.

01:05Do it immediately.

01:07But if the Congress is recessed, like the current situation,

01:11If the Senate is not in session as it is today,

01:15this impeachment court cannot constitute itself

01:18because the reference of the impeachment complaint is to the Senate.

01:22Therefore, the Senate, in a formal session, will refer this to the impeachment court.

01:28The President can even call a special session so that the impeachment trial can take place.

01:34But the former Supreme Court Associate Justice Conchita Carpio Morales said,

01:39there cannot be a special session for impeachment.

01:43Impeachment is not included among the reasons why a special session can be conducted.

01:58My conclusion is that no impeachment proceedings or impeachment trial cannot be conducted during recess.

02:11Even if the current Senate starts the impeachment trial,

02:15can they continue it if the composition of the Senate is different after the election?

02:21In 1986, Constitutional Commission Member Rene Sarmiento

02:26continued the work of the current impeachment court, which is now separated from the Senate.

02:32Outside of legislation, it has a continuing function.

02:38It could be convening as a canvassing board.

02:42It could even be serving as an impeachment court.

02:47Because the Supreme Court has already filed the visa,

02:50I asked if the Supreme Court can be aware of the legislative balance of the government.

02:57There was a former impeachment complaint filed by the Supreme Court in 2003

03:02against the then Chief Justice Hilario Davide Jr.

03:06The Supreme Court said, yes, they have a jurisdiction on the issue.

03:36Retired Associate Justice Conchita Carpio-Morales is the opponent of the Supreme Court's decision.

03:45In the decision, the Constitutional Commission also discussed the provision

03:49that an impeachment proceeding could be initiated against an official within a year.

03:55This one-year rule is one of the points of the petition of Vice President Sara Duterte to the Supreme Court

04:02to stop her impeachment trial.

04:05There were three former impeachment complaints filed against the Vice President within a few months.

04:11But in the decision of the Supreme Court,

04:14it said that the initiation of an impeachment proceeding is the filing of an impeachment complaint

04:20and its referral to the House Committee on Justice.

04:24It should be noted that the former impeachment complaints were not referred to the committee.

04:29For GMA Integrated News, Mark Salazar.

04:33Anchored 24 hours.

Isa sa mga framer ng 1987 Constitution: Agad na paglilitis ang ibig sabihin ng “forthwith” | 24 Oras

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