Substantive justice against procedural technicalities
Inquirer News Service
ALTHOUGH the process of impeachment is available, there is a mounting call for President Gloria Macapagal-Arroyo's resignation, which is anchored on the belief that in these abnormal times, one more day of her administration is another day of moral erosion and economic recession.
Impeachment is one of the modes of removing a president, but only the House of Representatives has the power to initiate an impeachment, and only the Senate has the power to try and decide impeachment cases. At least one-third of all the members of the House is needed either to affirm a favorable resolution of the committee on justice, while at least two-thirds of all senators is necessary to convict.
The opposition congressmen pushing for President Arroyo's impeachment still do not have the required number to automatically transmit the petition for impeachment to the Senate.
Second, according to news reports, they were caught flatfooted when Ms Arroyo's lawyer filed a formal answer to the original impeachment complaint filed by lawyer Oliver Lozano. Under the Rules of Court, they may no longer amend the aforesaid original complaint when there is already an answer. Thus, the majority congressmen defending the President will have a reason to oppose the amended impeachment complaint filed last July 25.
Third, according to Rep. Prospero Pichay, the amended impeachment complaint is considered a new complaint. Under the law, only one impeachment complaint is allowed per year. If such is the case, considering that an impeachment complaint had been filed earlier, the July 25 amended complaint will be considered a third complaint and will have to wait until 2007 to be heard.
Fourth, Rep. Prospero Nograles has come out with an opinion that even if the opposition mustered the necessary one-third vote, the fact that the impeachment complaint is already with the committee on justice, it will have to stay there until after a committee report is submitted to the plenary session. Therefore, the committee on justice can sit on it for at most 60 session days or about six months, considering that there are no sessions during Fridays.
Fifth, the impeachment rules have not yet been formulated up to this time. The congressmen seem to be busier with the proposed Charter change than with the impeachment proceedings. Hence, the committee on justice cannot act yet on the impeachment complaint.
Substantive justice should be given emphasis vis-à-vis procedural technicalities. Technicalities should aid, not impede, substantive justice although they are important for well-ordered proceedings. Would it not be a monstrous parody of justice if the members of the House inflicted serious injustice just for the sake of technicality?
EMMANUEL LJ. MAPILI, House of Representatives Electoral Tribunal, Commonwealth Avenue, Quezon City
