CLICK THE LINK TO READ THE MOTION FOR PRELIMINARY CONFERENCE FILED BY CHIEF JUSTICE CORONA TO HEAR/RESOLVE HIS MOTION TO DISMISS (SPECIAL AFFIRMATIVE DEFENSES).
Analysis:
The CJ argues that the impeachment complaint was "not verified" (i.e., deemed "unsigned"). (By the way, he did not verify his Answer himself, too, per the Prosecution). He cites Sec. 3, Art. XI, of the Const. The "complaint" referred to therein is the "complaint" filed by a citizen w/ the signature of at least 1 Rep. (which undergoes Committee and Plenary approvals). It also refers to the "complaint" filed by at least 1/3 of the Representatives (w/c is scheduled for Plenary "notation" as in the case of the Erap impeachment [remember the opening prayer cum nonstop referral to Senate by Speaker Manny Villar after the "amen"?). The aforecited Sec. 3, Art. XI does not refer to a special/urgent "RESOLUTION" directly signed by 1/3 of the Representatives (w/c document does not require Committee or Plenary approvals or Plenary notation). The Const. is silent on the latter mode. The CJ quotes a session of the 1987 Const. Comm to support his theory (w/c quotes I think must be checked to rule the possibility of slanted misquotations of the Con-Comm proceedings).The CJ is applying the technical provisions of Rule 16, Rules of Court (motion to dismiss; sp. affirmative defenses; preliminary conference to resolve the same) to the impeachment case, w/c is non-judicial in nature. In fine, don't expect the start of trial "on the merits" on Jan. 16. There is a pending "procedural antecedent" that must first be resolved by the Senate. Btw, There is a rumor the CJ will delay the trial until the 2013 elections to await a more favorable new mix of friendly/pro-GMA Representatives and Senators who will later w/draw and dismiss the case, respectively; and who will reverse the scenario by "impeaching Pres. Aquino himself". The whole Congress and the People must not allow these evil scenarios to happen. At any rate, 2012 will be an interesting Year of the Water Dragon. God save the Philippines!
Atty Manuel J Laserna Jr.
Atty Manuel J Laserna Jr.
