Constitutional framer urges senator-judges to inhibit if they can't be impartial | ABS-CBN
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Constitutional framer urges senator-judges to inhibit if they can't be impartial
MANILA — Attorney Christian Monsod, a framer of the 1987 Constitution, called on senator-judges to voluntarily inhibit themselves from the impeachment process if they cannot be impartial.
MANILA — Attorney Christian Monsod, a framer of the 1987 Constitution, called on senator-judges to voluntarily inhibit themselves from the impeachment process if they cannot be impartial.
“It’s a question of their integrity that if they feel they cannot truly be independent and impartial, for them to voluntarily recuse themselves from participating in the process,” Monsod told ABS-CBN News. “They won't make the right decisions if their integrity is not intact.”
“It’s a question of their integrity that if they feel they cannot truly be independent and impartial, for them to voluntarily recuse themselves from participating in the process,” Monsod told ABS-CBN News. “They won't make the right decisions if their integrity is not intact.”
He refused to name which senator-judges he had in mind.
He refused to name which senator-judges he had in mind.
“I’m not going to name names,” he stated. “Our people can make their own judgments on that and hope and pray that those they think cannot be independent or impartial should have the integrity to recuse themselves.”
“I’m not going to name names,” he stated. “Our people can make their own judgments on that and hope and pray that those they think cannot be independent or impartial should have the integrity to recuse themselves.”
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According to Monsod, there is no way to disqualify a senator-judge, which is why they should do it voluntarily.
According to Monsod, there is no way to disqualify a senator-judge, which is why they should do it voluntarily.
Attorney Reginald Tongol, spokesperson of the impeachment court, said impeachment court presiding officer and Senate President Francis “Chiz” has not yet issued a response to calls for voluntary inhibition.
Attorney Reginald Tongol, spokesperson of the impeachment court, said impeachment court presiding officer and Senate President Francis “Chiz” has not yet issued a response to calls for voluntary inhibition.
“Any judge should be as clean as Caesar's wife. However, hindi natin alam if this will apply within the proceedings of the impeachment court,” Tongol said. “This has to be deliberated by the senator-judges in the floor upon their convening again or upon motion of any party pero hindi rin natin malalaman kung anong epekto nito.”
“Any judge should be as clean as Caesar's wife. However, hindi natin alam if this will apply within the proceedings of the impeachment court,” Tongol said. “This has to be deliberated by the senator-judges in the floor upon their convening again or upon motion of any party pero hindi rin natin malalaman kung anong epekto nito.”
“In as much na maraming opinions about yung sa pag-a-apply ng forthwith at kung puwede bang i-remand din, ganun din ito na namang isyu na ito kung puwede nga bang mag-recuse o mag-inhibit voluntarily ang isang senator-judge. O puwede ba siyang ipa-move for inhibition ng any party, either the prosecution or the defense or any other senator-judge, puwede ba siyang ipa-move to be inhibited? So we don't know yet,” Tongol added.
“In as much na maraming opinions about yung sa pag-a-apply ng forthwith at kung puwede bang i-remand din, ganun din ito na namang isyu na ito kung puwede nga bang mag-recuse o mag-inhibit voluntarily ang isang senator-judge. O puwede ba siyang ipa-move for inhibition ng any party, either the prosecution or the defense or any other senator-judge, puwede ba siyang ipa-move to be inhibited? So we don't know yet,” Tongol added.
Senator-judge and Minority Leader Koko Pimentel agreed that inhibition is a voluntary act.
Senator-judge and Minority Leader Koko Pimentel agreed that inhibition is a voluntary act.
He believes that a senator-judge can be prohibited from participating in the process if he is suspended.
He believes that a senator-judge can be prohibited from participating in the process if he is suspended.
Pimentel explained, “Fellow senators cannot disqualify a senator to sit as judge during impeachment proceedings. Unless that subject Senator is disciplined by the Senate (as a legislative body thru its ethics committee) and punished with suspension. My belief is, a suspended Senator cannot sit as Senator-judge in impeachment proceedings during his or her suspension. But then I hasten to add that the reason for the suspension must itself be serious enough to warrant the suspension in the first place.”
Pimentel explained, “Fellow senators cannot disqualify a senator to sit as judge during impeachment proceedings. Unless that subject Senator is disciplined by the Senate (as a legislative body thru its ethics committee) and punished with suspension. My belief is, a suspended Senator cannot sit as Senator-judge in impeachment proceedings during his or her suspension. But then I hasten to add that the reason for the suspension must itself be serious enough to warrant the suspension in the first place.”
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