THE House Committee on Justice hearing proper on the impeachment complaints against Vice President Sara Z. Duterte on March 25 will proceed as a preliminary investigation, not as a trial, and that distinction, Batangas Rep. Gerville “Jinky Bitrics” Luistro said Saturday, will sharply limit who may actively take part when witnesses begin appearing before the panel.
“Again let us remember that this is just a stage of preliminary investigation na kahit sa ordinaryong proseso ng criminal case we do not encourage the participation of the lawyers except to the extent of advising and assisting their clients who are the parties of this case, it could be the complainant it could be the witness, or it could be the respondent,” Luistro, panel
chair, said.
“But the participation in the deliberation itself they are not allowed yet, because this is just the stage of preliminary investigation. So parang ma-picture natin: the lawyers will be sitting near their clients, the complainant, the witnesses and the respondent and will just be giving constant advice,” she said.
Recalling earlier House inquiries, she added, “Naalala nyo in the past hearings, even Cassandra Ong, naalala ko siya doon sa aming inquiry, ilang beses siyang humingi ng suspension to give her time to consult her lawyer, hanggang doon lang.”
Luistro said the impeachment rules specify who may conduct questioning once the hearing begins.
“In fact, even in the rules in impeachment which was adopted by the 20th Congress, very clear ang sinabi doon, only the justice members can conduct direct examination and cross examination so the only interpretation we get from that is no one can participate except the justice members,” she said.
That restriction, she said, also applies to lawmakers who are not members of the committee, for example SAGIP Party-list Rep. Paolo Henry M. Marcoleta.
“Now let’s take the case of Congressman Marcoleta, he’s not a member. He cannot examine or cross-examine the witnesses, but he can manifest. Hanggang manifestation lang,” Luistro said.
The Vice President, through counsel, has meanwhile filed what panel members have described as a “non-answer” as an Answer, but Luistro made clear that the filing does not change the character of the March 25 hearing.
For Luistro, the House at this stage is performing a function closer to that of prosecutors determining whether a case should move forward than that of judges hearing a full trial on the merits.
“Ito pong ginagawa ng Justice Committee sa House of Representatives is similar to a preliminary investigation of the prosecutors in an ordinary criminal case. So kami po ‘yung nagsusuri ng ebidensya whether this evidence will amount to probable cause,” she said.
“Pag-uusapan ng justice members. After we have seen the complaint, read the answer, and reviewed all the documents and evidence, is there probable cause to support this impeachment complaint? It will be the justice members who will decide on that,” Luistro said.
If the committee finds probable cause, she said, the matter moves up to the full House, where the constitutional threshold comes into play.
“So if the decision of the justice members is there is probable cause then that is the time for us to recommend to the plenary to vote on the existence of probable cause, and if that probable cause is supported by at least 1/3 of all the members of the House then that will warrant the transmittal of the articles of impeachment to the Senate where the trial will happen,” she said.
Luistro also explained why the committee often appears to have more members than its regular roster when proceedings are televised.
“It’s because the regular members are only 38, the reason kung bakit we are more than 38 is because we are participated by ex-officio members. This includes the speaker, the deputy speakers, the senior deputy majority leader and the deputy majority leaders, ang dami nila,” she said.
“And under the rules of the House of Representatives, the ex-officio members have the power to participate and vote in all committees. That includes the Justice Committee,” Luistro said.
