00:00Kaugnay sa impeachment complaints sa Kamara laban kay Pangulong Bongbong Marcos,
00:04nakasalang si Batangas 2nd District Representative at House Committee on Justice Chairperson, Gervie Luistro.
00:10Magandang umaga at welcome po sa Balitang Hali.
00:13Good morning and thank you for having me here in Balitang Hali.
00:18Ano po yung naging consideration nyo para i-consolidate yung mga impeachment complaints laban kay Pangulong Marcos?
00:27Well, actually, it's a matter of rule na pagdating ng Committee on Justice,
00:34there should be one impeachment complaint to speak of, no?
00:37And that is why, with our acceptance of these two impeachment complaints,
00:44one filed by Attorney De Jesus and the other filed by Di Makabayan Black,
00:49before we start the process, we're supposed to consolidate these two impeachment complaints.
00:55This only means na tatalakayin namin as one itong dalawang impeachment complaints
01:02precisely with respect to determination of sufficiency in form
01:07at ganoon din sa determination of sufficiency in substance.
01:12Nabanggit nyo po yung dalawang yun.
01:13Pakipalawal para sa ating mga manunod,
01:16ano po ba yung requirement para maituring na sufficient in form
01:18at sufficient in substance yung mga inihain impeachment complaint?
01:22Kapag sinabi po natin sufficient in form,
01:27it means na it is signed by the complainant
01:33who can be a private individual or a member of the house.
01:39It should be verified before an administering officer
01:44and kung ito'y filed ng private individual,
01:49dapat may accompanying resolution from a house member, no?
01:54So, ito yung mga requirements for us to see
01:58that the impeachment complaint is sufficient in form.
02:02Kapag sufficient in substance naman po,
02:04yun yung medyo mas salimoti ka nga?
02:06When we say sufficient in substance,
02:09dapat yung allegation of facts
02:12should be sufficient to substantiate
02:17the ground of impeachment under which the same is anchored, no?
02:22Let us remember that there are specific grounds
02:26mentioned under the Constitution.
02:29One is culpable violation of the Constitution.
02:32We also have treason, bribery, craft and corruption,
02:38betrayal of public trust, and other high crimes.
02:41I cried.
02:42So, the question is,
02:43yun bang mga nakasaad doon sa impeachment complaint,
02:48do they constitute the grounds for impeachment?
02:51At yun po ang sasagutin sa inyong committee.
02:55Ngayon po, at nasa inyong committee na itong dalawang complaints,
02:58pwede po bang humabol pa?
03:00Nagsimula na po ba yung one-year bar rule?
03:03Kasi may dalawang school of thoughts.
03:05Wala nang pwedeng humabol, Rafi, no?
03:10Sapagkat ito yung paulit-ulit nating sinasabi,
03:13under the Francisco ruling,
03:15it is the referral to the justice committee,
03:18which completes the initiation process.
03:23That means,
03:24na nung pumasok yung dalawang impeachment complaints
03:27sa justice committee,
03:28they bar the finding of subsequent impeachment complaints.
03:35Furthermore,
03:37na-trigger na rin yung running ng one-year prohibition period.
03:42Maalala mo sa ilalim ng ating saligang batas,
03:44ang isinasabi dyan.
03:47Isang impeachment complaint lang,
03:49kada impeachment official, kada taon.
03:52So, hindi po kayo asang ayon sa opinion ni UP Law Professor Tamasi,
03:57kung saan sinabi niya na magsisimula lang yung one-bar rule
04:01kapag na-dismiss na yung kaso.
04:03We recognize the expertise of the UP College of Law,
04:09we are strictly adhering to the rules
04:15and the existing jurisprudence.
04:18That is why,
04:19that is our interpretation about the one-year bar rule.
04:23Ano na pong tinitingnan yung timeline
04:24sa gagawing deliberasyon ng inahayang impeachment complaint?
04:27Well, initially, Rafi,
04:30kailangan muna naming makita yung sufficiency in form and substance.
04:35That is why we are dedicating the hearings
04:38which we will be holding this coming week
04:42dito sa dalawang ito.
04:45After this,
04:46we will proceed to
04:47kung both sufficient,
04:49kung sufficient both in form and substance.
04:53We will be proceeding to
04:55issuing of notice
04:57for the filing of the answer of the respondent
05:00as well as for the receiving of all evidence.
05:04That includes the swearing-in
05:07of all the affidavits and counter-affidavits.
05:11Pag nakompleto ito,
05:13lahat ng responsive pleadings,
05:16including all the affidavits.
05:18We will proceed to step three.
05:20That is the determination
05:21whether or not there's sufficient basis
05:23to support the impeachment complaint.
05:27After that,
05:28we will proceed to step four.
05:30That is the hearing proper.
05:31Doon sa hearing proper naman,
05:33iimbitahan na natin
05:35yung complainants, witnesses,
05:37and even the respondent.
05:39Let me volunteer this position
05:43kasi palagi tayong tinatanong.
05:46Paano kung hindi dumating yung respondent,
05:48it is actually his prerogative
05:50whether to come or not to come.
05:53Kasi ito pong kanyang presence
05:55during the hearing
05:58before the Justice Committee
05:59is anchored on his right to due process.
06:03So kung hindi siya dadating,
06:05that is tantamang to waiving his right
06:08to be present during the hearing.
06:10And the same interpretation po yan
06:14in any other investigation
06:16before different investigative bodies
06:19here in the Philippines.
06:20And after we concluded
06:22the hearing proper,
06:24Rafi,
06:24we will be proceeding
06:25to our last step.
06:27That is the determination
06:28of whether or not
06:29there is a probable cause
06:31that supports
06:31the impeachment complaint.
06:33Whatever is the decision
06:35of the Justice Committee,
06:37we will be submitting
06:38our committee report
06:39to the plenary
06:40which will be subject
06:42to the approval
06:43of at least one-third
06:44of all the members of the House.
06:46Malinaw po.
06:47Paano naman po
06:48pagka nagkasabay
06:49itong complaint naman
06:50na posibleng ihain next week
06:52laban kay Vice President Sara Duterte?
06:55Paano po ito
06:55yung mamanage na inyong committee?
06:57Rafi, the least I can say is
06:59hindi naman po ito
07:01matter of choice
07:03or preference.
07:05This is a constitutional mandate
07:07that we really have to face.
07:10So kung magkadalawa yan,
07:12it only means
07:13wala po kaming choice
07:15kung hindi i-receive
07:17yung susunod pa
07:18na impeachment complaint
07:20against another
07:22impeachable official.
07:24Let me express
07:25my highest faith
07:27and confidence
07:28to the 38 members
07:30that includes Mina,
07:32the 38 members
07:33of the Justice Committee.
07:35I believe that they have
07:37the necessary skills,
07:38knowledge,
07:39and background
07:40to receive
07:41investigate
07:42and hear
07:43these impeachment complaints.
07:45I am positive, Rafi,
07:47that with proper strategy
07:49and with support
07:51of all the members,
07:52we will be able
07:53to discharge
07:54with confidence
07:55kahit pa
07:56maging dalawa
07:57ang impeachment complaints
07:59na nakabinbin
08:00dito sa Justice Committee.
08:02Pero hindi naman po
08:03maapektohan nyo
08:04yung legislative work
08:05dyan po sa
08:06mababang kapulungan
08:08ng Kongreso.
08:09Well, definitely,
08:10there are various
08:12committees
08:12in the House
08:13of Representatives.
08:15Meron silang
08:16kanilang jurisdiction.
08:18Siguro,
08:19the least I can say,
08:20mahihirapan
08:21ang Justice Committee
08:22kasi
08:23aside from
08:24the impeachment
08:25complaints,
08:26ay meron pa kaming
08:27mga bills
08:28pending before us.
08:29But what I plan to do,
08:32kung magkakadalawa
08:33talaga ito,
08:34one against the President
08:35and one against
08:36the Vice President,
08:37we will be determining
08:39ahead of time
08:40the schedule of hearings
08:41dedicated for
08:43one,
08:44impeachment complaint
08:45against the President,
08:46two,
08:47impeachment complaints
08:48against the Vice President,
08:49if ever there will be
08:50the second.
08:51And third,
08:52hearings dedicated
08:53for our legislative work
08:55which pertains
08:56to the bills
08:57pending before us.
08:58Aabangat po natin yan
08:59pero ano man ang mangyari,
09:00history in the making
09:01kapag nagkataon.
09:02Maraming salamat po
09:03sa oras na ibinahagi nyo
09:04sa Balitang Hali.
09:05Thank you, Rafi
09:06at magandatang Hali po
09:08sa lahat ng mga
09:09televiewers.
09:10Salamat po si House
09:10Committee on Justice
09:11Chairman Representative
09:12Jervil Luistro.
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