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Senate convenes as impeachment court


(Updated 4:45 p.m.) The Senate on Wednesday afternoon formally convened as an impeachment court that will handle the case against Chief Justice Renato Corona.
 
Wearing scarlet judicial robes, the 23 incumbent senators were led into the Senate session hall by the Senate sergeant-at-arms who was carrying the chamber's mace.
 
"Pursuant to Article [XI] Section III Paragraphs IV and VI of the Constitution of the Republic of the Philippines, the Senate is constituted and convened as an impeachment court and the impeachment trial of Supreme Court Renato C. Corona is hereby declared open," Senate President Juan Ponce Enrile declared on the Senate floor.
 
Senate President Pro Tempore Jinggoy Estrada, whose father former President Joseph Estrada was also impeached in late 2000, led the opening prayer.
 
"Bigyan po ninyo kami ng sapat na kakayahan at lubos na patnubay upang aming masakatuparan namin ang aming gagampanang tungkulin bilang mga hukom sa gagawing paglilitis sa mga darating na araw. [Bigyan] po ninyo kami ng malinaw na pag-iisip upang kami ay wag magkamali sa aming gagawing paghatol sa takdang panahon. Naniniwala po kami na ang mga pangyayaring ito ay isang hamon upang kami ay manatiling matatag para palakasin ang aming tinatamasang kalayaan sa isang pamahalaang makademokrasya at maka-diyos," said part of the prayer.  
 
Led by Sen. Antonio Trillanes IV, the senators then took their oaths as judges who will sit on the impeachment court. By tradition, the youngest senator leads the oath-taking.
 
The oath is as follows: "I _____ solemly swear that in all things appertaining to the trial of the impeachment of Supreme Court Justice Renato Corona, now pending, I will do impartial justice according to the Constitution and laws of the Philippines."
 
Impeached  
On Monday, the House of Representatives impeached Corona for alleged graft and corruption, culpable violation of the Constitution, and betrayal of public trust.
 
A GMA News Online timeline shows how Corona was impeached in a day.
 
On Tuesday, the House of Representatives transmitted the Articles of impeachment to the Senate.
 
The trial proper, however, is not expected to begin until January next year. It will be held Mondays to Thursday 2 p.m. at the Senate.
On Wednesday, Senate Majority Floor Leader Vicente "Tito" Sotto III referred the same to the impeachment court.
 
The Senate later on adopted Impeachment Court Resolution No. 1, which calls for the issuance of summons and Articles of Impeachment to Corona, who will have 10 days to answer. The prosecutors will also have five days to answer him.
 
The impeachment court was adjourned until Jan. 16, 2012 at 2 p.m. However, the trial proper won't necessarily begin on that day.
 
After the adjournment, the senators resumed their legislative agenda for the day.
 
Second in 2011
 
The House of Representatives had also earlier impeached Ombudsman Merceditas Gutierrez for alleged betrayal of public trust due to the low conviction rates and her supposed inaction on five high-profile cases during the Arroyo administration.
 
The case was elevated to the Senate, which was supposed to convene as an impeachment court last May 9.
 
However, on April 29, Gutierrez announced her resignation, insisting that her loyalty has always been to the Filipino people and not to Mrs. Arroyo who appointed her to office five years ago.
 
The impeachment process
 
Section 3, Article XI of the 1987 Constitution says that the House of Representatives shall have the exclusive power to initiate all cases of impeachment while the Senate shall have the sole power to try and decide all the cases of impeachment.
 
It says that a verified complaint for impeachment may be filed by any member of the House of Representatives or by any citizen upon a resolution or endorsement by any member of the House.
 
The complaint shall be referred to the proper House Committee, which shall conduct a hearing on the issue and by majority vote, submit a report and a resolution to the House for consideration within 60 days.
 
The Constitution says that a vote of at least one-third of all the members of the House of Representatives shall be necessary to either affirm or override a resolution with the Articles of Impeachment of the committee.
 
If an affirmative vote is cast, the Senate shall proceed with the impeachment proceedings.  
 
According to the Constitution, judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold any office.
 
However, its says that the party convicted shall still be liable and subject to prosecution, trial, and punishment, according to law. No person shall likewise be convicted without the concurrence of two-thirds of all members of the Senate.
 
When the President of the Philippines is on trial, the chief justice of the Supreme Court shall preside.  In the case of Corona, Enrile will be the one to preside over the proceedings.
 
No walkouts
 
In an interview earlier in the day, Senate President Juan Ponce Enrile said that they will not allow any walkouts during the impeachment trial of Corona.
 
"That will not happen. I will order the sergeant-at-arms to close the doors of the Senate.  Nobody can get out," he said on Wednesday.
 
He likewise said that they have contempt powers, which he said was not exercised by former SC chief justice Hilario Davide Jr. when prosecutors walked out of former President Joseph Estrada's impeachment trial.
 
"Meron kaming contempt powers... di ginamit ni Davide.  We'll go through the trial from begining to the end," he said.
 
On the other hand, Enrile said he will not dictate what the senators should do as judges in the impeachment trial.
 
"They were duly elected by the people on the faith that they were responsible poeple.  I know they know the rules.  I know they will abide by the rules.  I know I don't have to tell them what to do," he said.
 
He likewise said that the public will be allowed to stage rallies outside of the Senate as long as they won't be "unruly."
 
"They can bring all the people they want to bring as long as it is peaceful.  If it is unruly we will have to utilize the contingent sergeant-at-arms to maintain order," he said. - VVP/RSJ, GMA News
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