House justice panel to take up Marcos impeachment raps on Feb 2
At A Glance
- The House Committee on Justice will begin deliberations on the two referred impeachment complaints against President Marcos next Monday, Feb. 2, panel chairperson Batangas 2nd district Rep. Gerville "Jinky Bitrics" Luistro told reporters.
Batangas 2nd district Rep. Gerville "Jinky Bitrics" Luistro (left), President Ferdinand "Bongbong" Marcos Jr. (PPAB, MANILA BULLETIN)
The House Committee on Justice will begin deliberations on the two referred impeachment complaints against President Marcos next Monday, Feb. 2, panel chairperson Batangas 2nd district Rep. Gerville "Jinky Bitrics" Luistro told reporters.
“We are considering the dates of Feb. 2, 3, and 4 as our initial schedules. Definitely, these dates will be dedicated for the purpose of determining sufficiency in form and substance,” Luistro said in a chance interview, Tuesday, Jan. 27.
“Kung kulang pa itong hearing dates na ito (If these hearing dates aren't enough), we will be scheduling further dates on the succeeding week,” she said.
Luistro laid out the legal thresholds by which the complaints would be scrutinized. The first two steps include the determination of sufficiency in form and in substance.
“Basically, ‘pag sinabi po nating (when we say) sufficiency in form, the impeachment complaints should be signed, verified, and endorsed by at least a House member.
“When we say sufficiency in substance, it means that the allegations of the commission of facts should be able to substantiate the ground for impeachment under which the same is anchored,” the Batangueña explained.
"We will see in the deliberation on sufficiency in substance if the statement of facts, the allegations contained in the impeachment complaint, are sufficient to substantiate a ground, some ground, or more grounds for impeachment,” she added.
Grounds for impeachment
Luistro underscored that impeachment complaints must be confined strictly to the grounds enumerated in the Constitution.
“Remember, under the Constitution, meron tayong binanggit na grounds for impeachment (the grounds for impeachment were enumerated). It includes culpable violation of the Constitution, treason, bribery, betrayal of public trust, graft and corruption, and other high crimes.
“The fact that they were enumerated only means that the impeachment complaints should be focused, confined to these respective grounds,” Luistro said.
Once the complaints hurdle the sufficiency tests in form and in substance, the panel chairperson said, "We shall proceed to the determination of sufficient basis to support the impeachment complaint."
Marcos' attendance
“As our step four, we will be conducting the hearing proper. Doon sa ating hearing proper, invite ng complainants, ang witnesses, and even the respondent (The complainants, witnesses, and even the respndent will be invited during the hearing proper),” she noted.
Luistro said attendance to the hearing proper is a right, not an obligation. “It is actually his prerogative whether to come or not to come. If he will choose not to come, that will be interpreted as a waiver of his right to be present during the hearing.”
The fifth and final step is the determination of probable cause. “By probable cause, it means the possibility of having committed the act or the crime,” the lawyer-solon said.
She explained that this mirrors the threshold previously used in preliminary investigations. “This is tantamount to the probable cause which is the threshold of evidence required during the previous conduct of preliminary investigation… Probable cause means the possibility that the crime has been committed.”
On the need for evidence, Luistro said impeachment complaints cannot rest on bare allegations. “Definitely,” she said when asked whether witnesses are required.
“If you will remember requirements sa verification, the allegations must be based on personal knowledge. If not personal knowledge, authentic records.”
Luistro said the justice committee would be consolidating the two complaints.