Impeachment case vs. Justice del Castillo may be sufficient in substance - solons

Monday, 06 June 2011 09:18

A thin line divides the members of the House Committee on Justice who will vote on a motion whether to declare or not the impeachment complaint against Supreme Court justice Mariano del Castillo as sufficient in substance.

Rep. Niel Tupas Jr. (5th District, Iloilo), Chairman of the House Committee on Justice, said majority of the members might stick to their earlier stand finding the impeachment complaint sufficient in form once they decide on the issue of sufficiency in substance. Earlier, 11 members of the House body voted in favor of a move declaring the complaint sufficient in form. Ten voted against it and one abstained.

Tupas said the only issue that will be resolved is whether or not plagiarism constitutes betrayal of public trust

"If the committee members would think that plagiarism or at least the allegations in the complaint of plagiarism do not constitute betrayal of public trust, then the committee will dismiss it, so it's an interesting issue and a novel one," Tupas said.

Rep. Reynaldo Umali (2nd District, Oriental Mindoro), vice chairperson of the House Committee on Justice, said the result of the voting on the issue of sufficiency in form is revealing "but to determine if it is sufficient in substance is a different matter."

"What is important is that there are allegations in the complaint that the betrayal of public trust exists. For me that is already sufficient in substance," Umali said.

"In criminal law, when sufficiency in substance is found, it means that there is already probable cause. But in this case, sufficiency in substance does not necessarily mean that there is already probable cause. Committee members have their own understanding of sufficiency of substance," Umali explained.

"The rule that the committee has adopted was to vote on the issues of sufficiency in form, sufficiency in substance, sufficiency in ground and probable cause," Umali added.

Rep. Giorgidi Aggabao (4th District, Isabela) said the lawmakers will vote against the issue on the sufficiency on substance because it has no basis at all.

"I believe that the determination of sufficiency of substance will be dismissed being insufficient in substance," Aggabao said.

Aggabao said many committee members would vote against the motion "because they feel that the case of plagiarism lodged against Justice del Castillo is not an impeachable matter."

"I believe the House body will junk the impeachment complaint against Justice del Castillo," Aggabao said.

Aggabao urged the House body to set the hearing on the matter as Congress is set to adjourn this week.