john

SP Chiz Escudero is HUGELY MISTAKEN in saying that the impeachment case cannot proceed while Congress is on break. 1.The Constitution commands under Article XI, Section 3 (4) that: “In case the verified complaint or resolution of impeachment is filed by at least one-third of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate SHALL FORTWITH proceed. The command is unequivocal – it uses the word SHALL. “FORTWITH” means immediately and without delay in plain English. The Constitution clearly did not use permissive language in this case. 2.Since Impeachable Officers occupy the highest and most important positions in the country, the Constitution precisely intended the accountability mechanism of Impeachment to be promptly accessible, which is why it used the word “forthwith.” 3.The constitution is straightforward, and it did not leave discretion on the part of the Senate on when to proceed with the trial. It DID NOT say “trial begins when the Senate decides” or “when it is convenient to the Senate.” It also does not distinguish whether the Senate is on break. 4.Speaking of, adjournment of the Senate only pertains to its legislative functions. The Senate is a continuing body as consistently upheld in jurisprudence. As a continuing body, its other functions that are not legislative in nature are unaffected by the adjournment, such as when it is canvassing votes for the presidential elections as the national board of canvassers (which is NOT a legislative function, see Pimentel v. Joint Committee of Congress, G.R. No. 163783, June 22, 2004), or in this case, fulfilling its mandate as an Impeachment Court which is distinct and separate from its legislative duties. 5.The fact that the Senators are fulfilling a separate mandate from their usual legislative roles in Impeachment proceedings is buttressed by the fact that the Constitution, under Article XI Section 3 (6), requires them to take a separate oath: “The Senate shall have the sole power to try and decide all cases of impeachment. WHEN SITTING FOR THAT PURPOSE, the Senators shall be on oath or affirmation.” By the wording above, it is clear that the Constitution recognizes that Impeachment is a role with a different purpose from that of legislation. 6.Following the logic of Senate President Chiz Escudero that the Senate cannot be forced to assemble as an Impeachment Court while it is on break is VERY DANGEROUS. It seems to suggest that the Constitution intended for Impeachable Officials to be exempt from accountability when Congress is on break, which in this instance is a break of around 2 months or a delay in the action of the Senate of around 4 months. Surely, the Constitution did not intend for Impeachable Officials to be beyond accountability just because Congress is not in session, especially for offenses that are the most egregious in nature: culpable violation of the Constitution, commission of treason and other high crimes, bribery and graft and corruption, and betrayal of public trust. 7.Perhaps most importantly, let us remember that Impeachment provisions of the Constitution are under the Article on Accountability of Public Officers, Section 1 of which states that PUBLIC OFFICE IS A PUBLIC TRUST. Indeed, the offices of Impeachable Officers under the Constitution remain to be a public trust even if Congress is on break. Public accountability is the priority when impeachment is initiated by the House. Once the House endorses the Articles of Impeachment to the Senate, the Senators should fulfill their obligation to assemble as an Impeachment Court IMMEDIATELY. They CANNOT remain to be on break or vacation. While it may be inconvenient for re-electionists to sit as judges instead of campaigning, assuming public office meant that they should be ready to serve and respond to the call of duty, not just do whatever is convenient for them. The Escudero Senate should know better. #ConvictSaraNow!

iamdinodeleon's tweet photo. SP Chiz Escudero is HUGELY MISTAKEN in saying that the impeachment case cannot proceed while Congress is on break.

1.The Constitution commands under Article XI, Section 3 (4) that: “In case the verified complaint or resolution of impeachment is filed by at least one-third of all the Members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate SHALL FORTWITH proceed. The command is unequivocal – it uses the word SHALL. “FORTWITH” means immediately and without delay in plain English. The Constitution clearly did not use permissive language in this case.

2.Since Impeachable Officers occupy the highest and most important positions in the country, the Constitution precisely intended the accountability mechanism of Impeachment to be promptly accessible, which is why it used the word “forthwith.”

3.The constitution is straightforward, and it did not leave discretion on the part of the Senate on when to proceed with the trial. It DID NOT say “trial begins when the Senate decides” or “when it is convenient to the Senate.” It also does not distinguish whether the Senate is on break.

4.Speaking of, adjournment of the Senate only pertains to its legislative functions. The Senate is a continuing body as consistently upheld in jurisprudence. As a continuing body, its other functions that are not legislative in nature are unaffected by the adjournment, such as when it is canvassing votes for the presidential elections as the national board of canvassers (which is NOT a legislative function, see Pimentel v. Joint Committee of Congress, G.R. No. 163783, June 22, 2004), or in this case, fulfilling its mandate as an Impeachment Court which is distinct and separate from its legislative duties.

5.The fact that the Senators are fulfilling a separate mandate from their usual legislative roles in Impeachment proceedings is buttressed by the fact that the Constitution, under Article XI Section 3 (6), requires them to take a separate oath: “The Senate shall have the sole power to try and decide all cases of impeachment. WHEN SITTING FOR THAT PURPOSE, the Senators shall be on oath or affirmation.” By the wording above, it is clear that the Constitution recognizes that Impeachment is a role with a different purpose from that of legislation.

6.Following the logic of Senate President Chiz Escudero that the Senate cannot be forced to assemble as an Impeachment Court while it is on break is VERY DANGEROUS. It seems to suggest that the Constitution intended for Impeachable Officials to be exempt from accountability when Congress is on break, which in this instance is a break of around 2 months or a delay in the action of the Senate of around 4 months. Surely, the Constitution did not intend for Impeachable Officials to be beyond accountability just because Congress is not in session, especially for offenses that are the most egregious in nature: culpable violation of the Constitution, commission of treason and other high crimes, bribery and graft and corruption, and betrayal of public trust.
7.Perhaps most importantly, let us remember that Impeachment provisions of the Constitution are under the Article on Accountability of Public Officers, Section 1 of which states that PUBLIC OFFICE IS A PUBLIC TRUST. Indeed, the offices of Impeachable Officers under the Constitution remain to be a public trust even if Congress is on break. Public accountability is the priority when impeachment is initiated by the House. Once the House endorses the Articles of Impeachment to the Senate, the Senators should fulfill their obligation to assemble as an Impeachment Court IMMEDIATELY. They CANNOT remain to be on break or vacation. While it may be inconvenient for re-electionists to sit as judges instead of campaigning, assuming public office meant that they should be ready to serve and respond to the call of duty, not just do whatever is convenient for them.

The Escudero Senate should know better. #ConvictSaraNow!

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Sports Nutrition & Supplements.

over 2 years ago

@AltStarMagic Mag enrol ka din Maam sa anger management. Passing the board and being professional doesn’t give you the right to degrade students. Now who’s being the so called professional…Teacher ka man din Maam, my God!!!

john @damonseth

over 2 years ago

@marinaxsummers Everything that you do has a price or consequences. PLV should face the charges against him. Their is a process. Someone filed a case so thr court just acted on it. Dont let PLV play a victim here. He has done something so he has to pay for whatever the court may decid.