Senate’s options vs delaying tactics

This is with regard to the article “Corona deserves hearing—Lagman.” (Inquirer, 1/1/12)

I agree with minority leader Edcel Lagman because Congress is duty-bound to abide by the constitutional requirement of due process of law. (Sec. 1, Article III, 1987 Constitution)

But if this section on due process is to be used to delay the impeachment proceedings, then the Senate can resort to other options. Another commentary said the proceedings can be delayed up to 2013. (“Corona gambit meant to stall trial, says solon,” Inquirer, 12/31/11)

The Senate can use another option which is: when Sec. 1, Article III is subverted or abused, the Senate can always use Sections 2 and 3 of Article XI on impeachment, which is higher than Sec. 1, Article III (“Textbook on the Philippine Constitution” by Hector S. de Leon, 1997 edition, Page 330): “The object of impeachment may not only be the removal… But also disqualification to hold any office… Hence, an official who has resigned before the commencement of or pending the impeachment proceedings may still be impeached.”

Certiorari cases against the Senate regarding impeachment are nugatory to Sec. 3, Article XI because it is only the Senate—and no other body among the three branches of government—that has the power to try and decide all cases of impeachment.

—RALPH IRIARTE,

lawyer, Tacloban City