‘KAPIT SA SALIGANG BATAS’ – LUISTRO

PAGDATING sa reklamong impeachment laban sa sinumang opisyales ng bansa, kailangan kumapit tayo sa Saligang Batas, ayon kay Kin. Jinky Luistro, hepe ng House Committee on Justice na didinig sa dalawang impeachment complaint kontra BBM.

“Remember, under the Constitution, meron tayong binanggit na grounds for impeachment. It includes culpable violation of the Constitution, treason, bribery, betrayal of public trust, graft and corruption, and other high crimes,” ani Luistro.

“The fact that they were enumerated only means that the impeachment complaints should be focused, confined to these respective grounds,” niya.

Pag-aaralan ng komite ni Luistro kung umaayon ang mga alegasyon sa dalawang impeachment complaint kontra BBM sa tadhana ng Konstitusyon. “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.”
Dagdag ni Luistro: “Dapat makita doon sa impeachment complaint na na-substantiated ‘yung ground for impeachment under which the same is anchored.”

Sabi ni Luistro: “Meron pong limang steps na gagawin before the Justice Committee.” “Step one is the determination of sufficiency in form. Step two is the determination of sufficiency in substance.

“Step three, when the responsive pleadings are complete and all the evidence are submitted and we determined already that the impeachment complaint is sufficient both in form and in substance, we shall proceed to the determination of sufficient basis to support the impeachment complaint,” she said.

“As our step four, we will be conducting the hearing proper. Duon sa ating hearing proper, invite ng complainants, ang witnesses, and even the respondent. 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.”

Ang panglima at panghuli ay ang alamin ang probable cause ng isang reklamong impeachment, aniya. Dagdag niya: “By probable cause, it means the possibility of having committed the act or the crime.”

Sinabi niya: “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.”

Pagdating sa katibayan, sinabi ni Luistro said na hindi maaring alegasyon lang ang laman ng anumang impeachment complaint. “Definitely,” aniya nang tanungin ng kung kailangan ng mga saksi. “If you will remember requirements sa verification, the allegations must be based on personal knowledge. If not personal knowledge, authentic records.”

Dagdag niya: “We are not supposed to proceed to the succeeding step kung hindi makakapasa doon sa standard ng sufficiency in form and sufficiency in substance.

“Kailangan pa po namin ng committee report, but we will not be able to reach the succeeding steps if they will not be able to pass the standard of sufficiency in form and sufficiency in substance.

“It’s hard to say that because we have yet to see the evidence,” she said. “We will be able to assess kung gaano katagal ang itatagal nito perhaps after we have seen all the evidence and after we’ve seen all the responsive pleadings.”

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