00:00It's like a trial in court, but the judge, judge and judge are the ones who are being punished, the politicians.
00:09This is the peculiarity of an impeachment trial, just like what Vice President Sara Duterte is facing.
00:15The peculiarity of the trial is what Joseph Moro said.
00:21It's like a trial in court, but the judge, judge and judge are the ones who are being punished, the politicians.
00:30This is the peculiarity of an impeachment trial, just like what Vice President Sara Duterte is facing.
00:35The peculiarity of the trial is what Joseph Moro said.
00:40When all the pleadings and the arguments are submitted and the evidence,
00:45the senators are one by one asked to rule on each and every charge.
00:53It only requires one charge to convict her, then she will be removed from office and be barred from any public office in our Republic.
01:02This is the last time that the Filipinos have seen an impeachment trial in which Supreme Court Chief Justice Renato Corona was tried in 2012.
01:11Senator Miriam Defensor Santiago, who is a well-known constitutional law expert, was one of the former senatorial judges.
01:18She was also a judge before she became a senator.
01:21In an interview in 2012, she pointed out the peculiarity of an impeachment trial.
01:26Impeachment is unique because it is a hybrid. It's a mix and match combination.
01:33Impeachment is both quasi judicial and quasi political.
01:39It is not a purely judicial or purely political process.
01:44So it's very, very unique and very few people are familiar with its goals and its purposes.
01:51It is not a civil case nor a criminal case.
01:55Since impeachment is not a criminal trial, the standard of proof should not be as high as proof beyond reasonable doubt.
02:02Because it targets the highest official of the judicial branch, the standard of proof should not be as low as substantial evidence.
02:09Certain people who claim that the standard of proof does not matter are in effect arguing that impeachment is a purely political process,
02:18which as I have already explained, is misguided.
02:21And because senators are also politicians who will be judged based on their consensus, they will be judged.
02:28The goal should be total impartiality.
02:31According to Professor Black, the remedy has to be in the conscience of each senator.
02:38Therefore, the ultimate issue is whether each senator has a conscience.
02:45And if that conscience is educated, not every little voice in your head indicates a conscience.
02:52It might indicate insanity.
02:55It all boils down to conscience, if it exists.
02:59The maximum punishment for impeachment is to be removed from the position and lifelong disqualification of running for office in the government.
03:08But Retired Supreme Court Associate Justice Adolfo Ascuna, who is one of the authors of the 1987 Constitution, said the sentence could be lower.
03:18There are instances where they also decide to impose, in case of conviction, just a censure.
03:24Yes, they can still remain in their position, notwithstanding the censure or reprimand, because it is short of removal.
03:33So the Senate has a leeway, in case of conviction.
03:39In addition, the former Integrated Bar of the Philippines, so IBP President Domingo Cayoza,
03:44can still impose criminal charges on the impeached official after the impeachment.
03:50If a high government official is impeached and removed from office,
03:54it does not preclude the filing of criminal charges against that public official after the impeachment.
04:02Santiago said that the impeachment court cannot review even the Supreme Court.
04:08Courts have no jurisdiction over the impeachment process.
04:11Congress has final responsibility for impeachment because it has the responsibility to preserve the forms and precepts of our Constitution.
04:20It is not sensible to allow the Supreme Court to review the final decision of the Senate as an impeachment case.
04:27The views of the legal experts we talked to is different if the president can pardon the impeached official.
04:33I believe the president has the power, the pardoning power, even in case of impeachment.
04:42The Constitution is silent on that.
04:46I don't think the president can reinstate an official that has been removed by impeachment.
04:53Maybe he can't. The pardon, I think, is for removing the perpetual disqualification.
05:01No, there's no pardon because it's an admin case, not a criminal case.
05:06The impeachment process is forgettable and complicated.
05:10According to the legal experts we talked to, there's a reason why it was put in our Constitution.
05:16This is a provision or a remedy for accountability.
05:21We should not forget that.
05:24This is not a provision in the politics of governance.
05:29It is about accountability of high public officials.
05:32That's why it should be fast and expedient.
05:37Public officials are accountable at all times.
05:42At all times, it should not be interrupted.
05:46Simply because a new Congress is coming in.
05:49The principle should be accountability.
05:53Accountability remains at all times.
05:56Once it starts, it should continue.
06:00For GMA Integrated News, Joseph Morong.
06:02For 24 Hours.
06:11www.gma.org
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