No Constitutional and Legal Basis to
Dismiss Impeachment
Presidential allies
are resorting to erroneous legal arguments to confuse the people and
derail the impeachment process against President Gloria Macapagal-Arroyo
this year. But if the “technical, prejudicial questions” worked last
year, it may not work this year.
BY ATTY. NERI JAVIER COLMENARES
COUNSELS FOR THE DEFENSE OF LIBERTIES (CODAL)
Posted by Bulatlat
Sen. Miriam
Santiago’s legal analysis that the impeachment complaints filed recently
will be dismissed on the principles of ‘res judicata’ and “double
jeopardy” is without legal and constitutional basis.
According to the Supreme Court in
Mirpuri vs. CA (GR 114508, 1999) “Res judicata has the
following requisites: (1) the former judgment must be final; (2) the
judgment must be one on the merits; (3) it must have been rendered by a
court having jurisdiction; and (4) the parties, subject matter and causes
of actions must be identical in the two cases.”
It is a well-known
principle among lawyers that res judicata only applies if the
original case has been dismissed by a court on the merits and the same
issues are raised by the same parties in a second complaint. None of these
elements are present. Sen. Santiago’s analysis may have been clouded by
her pro-GMA sentiments when she missed the fact that the Amended
Impeachment complaint was dismissed on a baseless technical and procedural
ground last year, and was never tackled on the merits by the Justice
Committee. Furthermore, the impeachment complaints contain new issues not
raised in the amended complaint last year such as the imposition of
Proclamation 1017, Executive Order 464 and the calibrated preemptive
response (CPR). The parties in the complaints are also different since the
current complaints were filed by citizens-complainants while the amended
complaint last year was filed by members of Congress. Clearly res
judicata does not apply.
CODAL also finds
absurd the claim by Sen. Santiago, a former RTC judge, that the
impeachment complaints constitute “double jeopardy” against President
Arroyo. The Supreme Court declared in Guerrero vs. CA (GR 107211,
1996) that:
“any legal jeopardy attaches only (a) upon
a valid indictment (b) before a competent court (c) after arraignment (d)
a valid plea having been entered and (e) the case was dismissed or
otherwise terminated without the express consent of the accused”.
CODAL expresses
concern over the twisting of legal arguments by Sen. Santiago since, it is
presumed that she, like any lawyer, knows that the doctrine of double
jeopardy only applies to criminal cases and not to an impeachment
complaint. Her pronouncements may be a prelude to the dismissal of the
current impeachment complaints again, on a technicality that has, as in
last year, no constitutional or legal basis.
The position of Rep.
Monico Puentebella that the complaints will be dismissed because they
“contain no new issues” is both factually and legally baseless. The
charges last year were never tackled as the amended complaint was
dismissed, so it is unethical for members of congress to delude the people
in this respect. Furthermore, the complaints contain new issues.
Members of the
Justice Committee must realize that “the demands of due process present a
weightier consideration than the need to bring an end to the parties'
litigation. For more important than the need to write finis to
litigation is to finish it justly, and there can be no justice that
satisfies unless the litigants are given the opportunity to be heard” as
the Supreme Court demanded in Salud vs. CA (GR 100156, June 27,
1994). Killing the impeachment complaint not only on mere technicalities,
but on legally baseless technicalities will virtually close another legal
venue for justice for victims of political killings, no different from
that during Marcos’ martial law.
Correct Filing
Date
CODAL also finds
legally untenable the contention of Rep. Edcel Lagman that last year’s
impeachment complaint was initiated not upon the filing of the impeachment
complaint but by the receipt of the Justice Committee of the complaints on
July 26. The conflicting opinion of Rep. Prospero Nograles that the
one-year ban starts on the date of the referral on July 25 is correct as
it follows jurisprudence.
The contention of
both, however, is a 360-degree turnaround for the Majority which insisted
that the mere ‘filing’ of the Lozano complaint on June 26 last year
initiated the impeachment proceedings thereby making the Amended
impeachment complaint a “second complaint’ and therefore barred. It must
be noted that the complainants last year were insisting that the complaint
was initiated on the date of referral rather than filing and that,
therefore, the Amended Complaint is not a “second complaint” since it was
referred to the Justice Committee together with the Lozano Complaint on
July 25, 2005 during the SONA of President Arroyo.
The Supreme Court ,
in Francisco vs. House of Representatives, (GR 160261, Nov. 10,
2003), has declared that an impeachment “proceeding is initiated or
begins, when a verified complaint is filed and referred to the Justice
Committee for action.” The decision is clear—an impeachment complaint is
initiated upon the referral of the impeachment complaint on July 25 last
year and not on the date that the Justice Committee received the
complaint. The one-year ban therefore ends on July 25 of 2006 and the
correct date for the filing of a valid impeachment complaint is July 26.
However, it does not
matter whether the July 26, July 27 or any other complaint is valid since
all the complaints contain the same issues, and all the complainants are
united on the need to impeach President Arroyo so that the evidence on the
charges of electoral fraud, political killings and corruption will be
heard.
CODAL supports Rep.
Lagman’s disagreement with Atty. Romulo Macalintal’s position that the
impeachment complaint be dismissed because it is pending on appeal before
the Supreme Court. After killing the impeachment complaint, it is
abhorrent for presidential allies to now belatedly claim that it is still
in fact “alive.” Furthermore, any public official with a pending
impeachment case may still be charged with another impeachment complaint
the following year, if he or she commits another impeachable offense
subsequently. Atty. Macalintal’s legal thesis will mean that public
officials are free to commit subsequent impeachable offenses and crimes
provided they have a pending impeachment complaint.
The confusion and
contradictions of legal opinions among presidential allies show that they
have no clear and strong legal basis with which to quash the impeachment
complaints on mere technicalities. The disarray among them may be
favorable to the impeachment complaint and may convince many members of
Congress that the impeachment complaints are valid in both form and
substance.
Presidential allies
must resort to fair play and not use amorphous and patently erroneous
legal arguments to derail the impeachment this year and confuse the
people. The “technical, prejudicial questions” worked last year. It may
not work this year. Posted by Bulatlat
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