Proper forum

The allies of GMA in Congress should realize that it is too late in the day to play a dangerous game of numbers to get us out of the present crisis. The truth behind the raging issues affecting her authority and credibility to govern is not determined by the number of applause and standing ovations she received in her state of the nation address delivered at the opening of the regular session, more notably because these issues were never touched in her said address.

GMA is correct in resisting the appeals for her resignation based on grounds aired only in media because it is her right to have a "day in court" which means the right to be heard in the proper forum, not in the court of public opinion. The proper forum here is none other than the Senate acting as Impeachment Tribunal where she will be given the chance to show the falsity of the grounds used by those calling for her resignation; where the truth or falsity of all the issues raised against her will be conclusively established in a full blown trial. The so called "Truth Commission" is not the proper forum as its findings are not conclusive and binding. So for her to have a day in court, those who want her out of office should impeach her. To impeach simply means to accuse; to charge a liability upon her. This is the only constitutional way out of the political impasse created by her refusal to resign. GMA herself repeatedly asked for this process and dared her critics to do so. Now that the challenge has been accepted and the impeachment complaint filed, her allies in Congress should not deprive her of the opportunity to be heard by throwing all sorts of technical gauntlets that would hinder the case from being tried and decided by the impeachment tribunal. Dismissing the impeachment complaint without the Senate hearing its merits is a great disservice to the President and to the country. It will not defuse the present crisis or break the political impasse.

Superiority in number plays a vital role in the impeachment process specifically in the House of Representatives which has the exclusive power to initiate all cases of impeachment. The initiating process usually begins with the filing of a verified impeachment complaint by a Congressman or by any citizen endorsed by a Congressman. The complaint will then be included in the order of business within 10 session days and referred to the proper committee within 3 session days. After hearing and within 60 session days from such referral, the Committee, by a majority vote of all its members shall submit its report to the House together with the corresponding resolution either favorably recommending the filing in the Senate of the Articles of Impeachment it has prepared, or dismissing the impeachment complaint. A vote of at least one third of all the Members of the House shall be necessary either to affirm a favorable resolution with the Articles of Impeachment of the Committee or override its contrary resolution.

The process is shortened if the verified complaint is filed by at least one-third of all the Members of the House or 79 Congressmen under its present composition. In such a case, the verified complaint shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed. In the present case, the impeachment complaint was filed by only 41 Congressmen so it has to undergo the more tedious process of Committee hearings.

However, if the complainants could gather the magic number of 79 members of the House after the filing of the complaint and even while the Committee is still hearing the case, a resolution of impeachment may be filed and the same shall constitute the Articles of Impeachment so the trial by the Senate can proceed forthwith (Section 3 [4] Article XI). Impeachment therefore is nothing more than the adoption of the Articles of Impeachment by the House of Representatives and the presentation thereof to the Senate indicating that the same are accepted for the purpose of permitting prosecution thereof.

The basic rules in laid down by the Constitution itself are clear and adequate enough to guide our Congressmen in exercising their exclusive power to initiate the impeachment case filed against GMA. They should not waste so much time deliberating on the refinements of their own rules. At this stage, it is more fair and credible to simply look into the sufficiency in form and substance of the verified complaint and then file the corresponding Articles of Impeachment with the Senate. If they really want to help the President clear his name and overcome the crisis, they should not keep her waiting so long for the opportunity to be heard in the Impeachment Tribunal. A bi-partisan action will even be much appreciated by all concerned just to dispel suspicions that politics and the numbers game again played a role in this process.

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