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MANILA, Philippines — Rep. Gerville “Jinkybitrics” Luistro, chair of the House justice committee, said the panel is ready to hear the impeachment complaint against President Ferdinand “Bongbong” Marcos Jr. once it is formally referred.
And if hearings coincide with the possible filing of another impeachment complaint against Vice President Sara Duterte, she said the committee is capable of handling both cases simultaneously.
“I have a lot of faith in the members of the justice committee,” Luistro said in an ambush interview on Monday, January 19.
“Magagaling ang members ng justice committee, so I am confident, isa o dalawa, I think the justice committee can confidently discharge its functions,” she added.
(The members of the justice committee are capable, so I am confident, whether it’s one or two cases, the committee can confidently carry out its functions.)
Lawyer Andres de Jesus filed the complaint on Monday, citing culpable violation of the Constitution, graft and corruption, and betrayal of public trust as grounds for Marcos' impeachment. Rep. Jett Nisay (Pusong Pinoy Party-list) endorsed the complaint.
Luistro explained that the Constitution provides the committee with 60 session days to hear an impeachment complaint and determine whether it is sufficient in both form and substance once it is referred to them in the plenary.
For Rep. Joel Chua (Manila, 3rd District), however, the complaint against Marcos will be navigating a “steep and difficult path” in the House — even if it will be treated fairly and without shortcuts.
The justice committee’s steps
If the House follows its existing rules, the justice committee will give respondents a copy of the complaint and 10 days to submit their defenses once it is deemed sufficient in form and substance. Complainants may then file a reply.
Both sides are required to submit affidavits, counter-affidavits and supporting documentary evidence.
After these steps, the justice committee votes on whether the complaint has sufficient grounds. If not, the complaint is considered dismissed.
If there is enough reason to proceed, the committee will conduct hearings, including examination, cross-examination and witness testimony.
The justice committee will then need a majority vote to finalize its findings and recommendations, which are later submitted to the plenary as a resolution.
If the complaint is deemed sufficient, at least one-third of all House members must approve to set forth the articles of impeachment. If dismissed, the plenary can overturn this with a one-third vote.
This is the expected process if the impeachment complaint against Marcos proceeds under either of the first two modes — filed by a House member or by a private citizen with a House member’s endorsement — rather than through a complaint filed by one-third of House members.
SC ruling clouds process
However, in light of the recent Supreme Court ruling that declared Duterte’s impeachment unconstitutional and Marcos’ continued strong support in the House, his impeachment proceedings could unfold differently.
“At present, the House reflects a clear supermajority across political parties that continues to support President Ferdinand Marcos Jr. and the stability of his administration,” said Rep. Jonathan Keith Flores, vice chair of the justice committee.
In order for Marcos’ impeachment to head straight to trial, a complaint will need to be filed or endorsed by one-third of all House members — just like Duterte’s.
But this may not be the case, as the Supreme Court ruling leaves it unclear whether this mode of impeachment must still go through the justice committee, Flores said.
This, he stressed, is the reason why the House must answer the question as to whether its impeachment rules should be updated in consideration of the Supreme Court ruling or not.
Flores, however, described the high court’s decision as “overreaching,” arguing that the House, as a co-equal branch of government, should set its own rules.
While the Supreme Court’s ruling is still pending final resolution due to a motion for reconsideration, Flores said acting on impeachment complaints cannot be delayed and must still proceed in accordance with House rules.
“No, we cannot wait for the Supreme Court ruling. We have to act on it based on the existing rules that we have,” Flores said at a press conference.
Luistro, Flores and Chua were three of the 11 members of the prosecution panel during Duterte’s impeachment in the 19th Congress.
If the impeachment complaint against Marcos is dismissed before a Senate trial, another cannot be initiated against him for one year, as prohibited in the Constitution.
