House hearing on Sereno impeach complaint bordering on actual trial
THE House justice committee hearing to determine the existence of probable cause in the impeachment complaint Sereno, shifted to a high gear last - of the allegations in the impeachment complaint.
conduct of the committee hearing, or rather the “conduct” of - peachment trial. Some of these the hearing should be done as if
Earlier, the impeachment com in form and thereafter, in sub determination of probable cause, -
Section 6, paragraph 2 of the - ment Proceedings of the 17th
for impeachment do not exist, the committee shall dismiss the complaint and submit the report - impeachment exist, the committee shall conduct a hearing. The committee, through the chairperson, - tion and cross-examination. The the production of documents and
Defining probable cause
The proceedings in an impeachment is legal and political in nature and it is neither a criminal of probable cause should not be criminal trial proper.
against the complaint. probabilities grounded in the factual and practical considerations - sonable and prudent persons and is more than a mere suspicion but
- -
- tro ascertained and authenticated of correctness of the allegations - plaint as facts.
There is no more need to compel the appearance of the other - - the justice. These should be part an impeachment court – and no longer the function of the House committee.
Discrediting the witness
done during the trial proper and not during the determination of probable cause.
- - ing questions intended to im bias of Justice De Castro. This his real function.
The justice committee members not there to conduct an impeachment trail nor to authenticate each
Applicability of the Rules of Court
The Rules of Procedure in the Rules of Court, as far as practicable, to be applicable in impeachment proceedings.
both parties – the prosecution and the defense – can interpose an objection on the questions discussing here).
Since some of the committee reminded of this passage in the case of
the Constitution. This is a basic its agents to secure respect for and obedience to its commands. - ernment branch or instrumen protecting that principle of legal through its application to nu jurisprudence. The Chief Justice Court. But just because he is the -