The Manila Times

House hearing on Sereno impeach complaint bordering on actual trial

- Suigeneris, allinsight.manilatime­s@gmail.com Manila.Times

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 -

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