by Maria Makiling
There is a lot of noise regarding impeachment. Allow us to give all our DDS a low down.
The impeachment process is the only way to remove a high-ranking government official from office.
Article XI, Section 2 enumerates who can be impeached and on what grounds:
Section 2. The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment.
The idiotic Magdalo impeachment of Tatay Digong is dead on arrival at the House of Representatives and it is said that Alejano filed it to gain mileage since he plans to run as Senator in 2019. (Nakakaloka! Sinong buang ang boboto sa diablong yon?) Hence, only the Leni Impeachment is possible to prosper.
On what ground can Leni be impeached? Betrayal of public trust.
How does the law define betrayal of public trust? According to the 2012 case of Gonzales III vs Office of the President, betrayal of public trust is:
“A new ground for impeachment under the 1987 Constitution added to the existing grounds of culpable violation of the Constitution, treason, bribery, graft and corruption and other high crimes. While it was deemed broad enough to cover any violation of the oath of office, the impreciseness of its definition also created apprehension that “such an overarching standard may be too broad and may be subject to abuse and arbitrary exercise by the legislature.” Indeed, the catch-all phrase betrayal of public trust that referred to “all acts not punishable by statutes as penal offenses but, nonetheless, render the officer unfit to continue in office” could be easily utilized for every conceivable misconduct or negligence in office. However, deliberating on some workable standard by which the ground could be reasonably interpreted, the Constitutional Commission recognized that human error and good faith precluded an adverse conclusion.
The Constitutional Commission eventually found it reasonably acceptable for the phrase betrayal of public trust to refer to ‘acts which are just short of being criminal but constitute gross faithlessness against public trust, tyrannical abuse of power, inexcusable negligence of duty, favoritism, and gross exercise of discretionary powers.’ In other words, acts that should constitute betrayal of public trust as to warrant removal from office may be less than criminal but must be attended by bad faith and of such gravity and seriousness as the other grounds for impeachment.”
Is there enough ground to impeach Leni on betrayal of public trust? A resounding YES!
From the time she was elected to date, she has made it her mission to destroy the image of the country in the international arena inviting trade and aid sanctions from EU, United States and the UN. Her worse tirade is before the UN body on narcotics using fake news and unverified reports. It would have been forgivable is she were not Vice President. But she is and she is using her position to destroy the image of the country internationally to bring down Tatay Digong. Why? Atat maging presidents. Power hungry ang babaeng ito. Traitor of the highest kind.
If that is not betrayal of public trust, I don’t know what else is.
So how many votes are needed from the House to impeach her? 1/3 of the House membership. It’s 98 to be exact. So should the House have at least 98 signatures by May 2 when it resumes sessions, the complaint will be transmitted directly to the Senate for trial.
How many votes do you need to convict the Vice President in the Senate? At least 16.
Who replaces the Vice President after she gets convicted?
Article VII, Section of the Constitution is clear:
Section 9. Whenever there is a vacancy in the Office of the Vice-President during the term for which he was elected, the President shall nominate a Vice-President from among the Members of the Senate and the House of Representatives who shall assume office upon confirmation by a majority vote of all the Members of both Houses of the Congress, voting separately.
Hence, any Senator and Congressman can become the next Vice President to replace Leni.
What then happens to the election protest of BBM? It proceeds.
Once it is proven that he is the duly elected Vice President, the replacement Vice President should step down because he/she replaced Leni as VP on the presumption she is the duly elected VP.
However, if BBM loses the protest, the new VP finishes Leni’s term til 2022.
A lot might ask why we need to remove Leni from being VP. The answer is simple. While she remains VP, destabilization plots will never end because the Liberals are power hungry and sour losers.
Removing Leni therefore is the best thing that can happen to this country.
Kaya DDS, Palit VP na!