Was the Constitution violated when Speaker Lord Allan Velasco failed to include an impeachment complaint in the Order of Business within ten days from its filing in the House of Representatives?
This question surfaced Monday after regular session ended with no mention of the impeachment complaint filed against Supreme Court Associate Justice Marvic Leonen being included in the OB and referred to the Committee on Justice.
Under the impeachment rules provided in the 1987 Constitution, the speaker is required to put the complaint in the OB ten session days after Edwin Cordevilla, secretary general of the Filipino League of Advocates for Good Government, filed the complaint against Leonen last December 7.
Since then, congressmen met in hybrid session for at least 15 days, five days beyond what is stated in the Constitution.
Asked for his comment, Deputy Speaker and Cagayan de Oro City Rep. Rufus Rodriguez explained that under the rules of the Lower House, the regulation ten days given to Velasco to put the impeachment complaint in the OB has not been violated.
Neither was there any constitutional infraction, he said.
“No rules violated. Many of our previous sessions were only suspended and not adjourned,” Rodriguez, one of the top legal minds in the Lower House, pointed out.
He added: “So the sessions were merely continued. So each session day is not counted.”
In Rodriguez’s explanation, unless a regular session is adjourned, such legislative proceeding is not counted in reckoning the day by which Velasco is required to act on the Leonen impeachment.
However, this also raises another question begging a quick answer: why are sessions merely suspended and not adjourned?
Available House records showed that sessions were merely suspended on February 1, 2 and 3. It was also suspended Monday, February 8.
A former House official who requested anonymity said sessions are usually suspended to ensure that quorum is maintained and thus, pave the way for the plenary consideration of urgent bills requiring immediate legislative action.
“The House leadership usually resorts to this scheme during floor deliberations for the national budget,” he said.
Cordevilla, who was assisted by lawyer Larry Gadon, cited “culpable violation fo the Constitution and betrayal of public trust” as ground for seeking Leonen’s impeachment.
The complaint was endorsed by Ilocos Norte Rep. Angelo Barba.