As a result of what we are currently witnessing (Supreme Court Chief Justice) as well as what we have witnessed (Ombudsman and the President) in the past, there is an urgent and imperative necessity to amend the 1987 Philippine Constitution on the matter of impeachment.
The amendments must consider the following, among others:
1. The Impeachment Court must be created and composed of 15 members serving a permanent 6-year term without reappointment. As to the manner by which they shall be selected, appointed or elected and compensated will be considered as the proposed amendments are taken up. They may be chosen from a pool of lawyers or citizens who have undergone some sort of training.
2. The impeached official must be preventively suspended for the entire duration of the trial which must be summary in nature to last for not more than 3 months.
3. The Impeachment Court shall be the highest and only tribunal on matters of impeachment. Its decision shall be final and inappealable even to the Supreme Court. It shall make and interpret it own rules. Its compulsory processes are to be regarded as absolute and unlimited not subject to question for any reason.
4. The proceedings shall all be conducted in the Pilipino language and printed materials may be procured at the expense of the requisitioning party. The Rules shall be simplified and focused more on discovery processes.
5. It cannot be prevented by any restraining order or injunction. It can cite persons in contempt and deputize law enforcement agencies to enforce its orders and processes.
6. It shall adopt its own rules of court which shall be prevail over any other rules. It shall have its book of related jurispudence that may be deemed applicable to its proceedings.
7. It shall have an annual budget and any savings shall still accrue in its favor.
8. Those appearing as legal counsels in impeachment cases must undergo 9 hours of special MCLE (mandatory continuing legal education) on impeachment.
There are other points that may be considered but the initial suggestions stated are intended to raise the level of competence and standards of practice and disposition of impeachment cases.
Sent from my BlackBerry®
