Minority lawmakers: Junking of Ombudsman impeach case a bad precedent
11/18/2009 | 10:49 AM
Lamenting on what they described as a 'moro-moro,' minority members of the House of Representatives on Wednesday warned of a dangerous precedent set by the dismissal of the impeachment complaint against Ombudsman Merceditas Gutierrez.
In a radio interview, Bayan Muna Rep. Teodoro Casiño said the precedent involves Congress’
refusal to tackle aspects of a complaint that are pending in court.
“Ang masama nito, this sets a precedent. Sa susunod, any impeachable official na may existing na kaso sa korte ay di pedeng ma-impeach dahil maaari niyang i-invoke ang kaso na yan (What is bad about this is that it sets a precedent. Next time, an impeachable official can escape the impeachment process by invoking that he or she has a pending court case)," Casiño said in an interview on dzXL radio.
“The next time, ang gagawin ng impeachable official, sabihin sa kaibigan niya na mag-file ka ng kaso laban sa akin sa korte para magamit ko ang sub judice rule para depensahan ako sa impeachment. Kung may kaso sa korte di ma-impeach?" he added.
(To evade impeachment, an impeachable official can ask a pal to file a case against him or her in court, then use the case as a defense against impeachment proceedings. This way, a court case becomes a shield against impeachment).
He was referring to Congress’ refusal to tackle some charges against Gutierrez because these were subjects of pending cases in court against her and therefore, were deemed as "sub judice."
Casiño said they (lawmakers allied with the administration) dismissed the complaint without giving the complainant the chance to present evidence, and the respondent to explain her side.
Minority Leader Ronaldo Zamora added such a precedent can apply not only to the Ombudsman, but also to other impeachable officials, including a sitting president.
Zamora, in a separate interview on dzXL, said it would be better to just walk out of the proceedings instead of dignifying a sham impeachment.
"This Congress is making a mockery of the provision, so it is better to stop it. We are lending credence to a provision that is already a dead letter in the Constitution," he said.
On Tuesday night, the House of Representatives voted 172-15-1 in favor of the committee report junking the impeachment complaint against Gutierrez due to lack of substance. [See: House junks impeach bid vs Ombudsman Gutierrez]
Committee Report 2483, prepared by the House committee on justice under Quezon City Rep. Matias Defensor, ruled that while the complaint was “sufficient in form, (it) is not sufficient in substance."
The complaint was filed by civil society groups and former Cabinet officials led by former Senate President Jovito Salonga. - GMANews.TV
In a radio interview, Bayan Muna Rep. Teodoro Casiño said the precedent involves Congress’
refusal to tackle aspects of a complaint that are pending in court.
“Ang masama nito, this sets a precedent. Sa susunod, any impeachable official na may existing na kaso sa korte ay di pedeng ma-impeach dahil maaari niyang i-invoke ang kaso na yan (What is bad about this is that it sets a precedent. Next time, an impeachable official can escape the impeachment process by invoking that he or she has a pending court case)," Casiño said in an interview on dzXL radio.
“The next time, ang gagawin ng impeachable official, sabihin sa kaibigan niya na mag-file ka ng kaso laban sa akin sa korte para magamit ko ang sub judice rule para depensahan ako sa impeachment. Kung may kaso sa korte di ma-impeach?" he added.
(To evade impeachment, an impeachable official can ask a pal to file a case against him or her in court, then use the case as a defense against impeachment proceedings. This way, a court case becomes a shield against impeachment).
He was referring to Congress’ refusal to tackle some charges against Gutierrez because these were subjects of pending cases in court against her and therefore, were deemed as "sub judice."
Casiño said they (lawmakers allied with the administration) dismissed the complaint without giving the complainant the chance to present evidence, and the respondent to explain her side.
Minority Leader Ronaldo Zamora added such a precedent can apply not only to the Ombudsman, but also to other impeachable officials, including a sitting president.
Zamora, in a separate interview on dzXL, said it would be better to just walk out of the proceedings instead of dignifying a sham impeachment.
"This Congress is making a mockery of the provision, so it is better to stop it. We are lending credence to a provision that is already a dead letter in the Constitution," he said.
On Tuesday night, the House of Representatives voted 172-15-1 in favor of the committee report junking the impeachment complaint against Gutierrez due to lack of substance. [See: House junks impeach bid vs Ombudsman Gutierrez]
Committee Report 2483, prepared by the House committee on justice under Quezon City Rep. Matias Defensor, ruled that while the complaint was “sufficient in form, (it) is not sufficient in substance."
The complaint was filed by civil society groups and former Cabinet officials led by former Senate President Jovito Salonga. - GMANews.TV
