No standard of evidence required for VP Sara’s impeachment trial: experts | ABS-CBN
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No standard of evidence required for VP Sara’s impeachment trial: experts
No standard of evidence required for VP Sara’s impeachment trial: experts
Vice President Sara Duterte addresses the media at the Veterans Memorial Medical Center in Quezon City on November 26, 2024, regarding her remarks about President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and Speaker Martin Romualdez. Maria Tan, ABS-CBN News
Vice President Sara Duterte addresses the media at the Veterans Memorial Medical Center in Quezon City on November 26, 2024, regarding her remarks about President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and Speaker Martin Romualdez. Maria Tan, ABS-CBN NewsMANILA – There is no standard of evidence required for Vice President Sara Duterte’s impeachment trial, as the weight of the pieces of evidence that would be shown during the trial would depend on each senator’s appreciation, legal experts said on Wednesday.
MANILA – There is no standard of evidence required for Vice President Sara Duterte’s impeachment trial, as the weight of the pieces of evidence that would be shown during the trial would depend on each senator’s appreciation, legal experts said on Wednesday.
The standard of evidence is defined as the series or how much proof is needed before a particular judgement could be made.
The standard of evidence is defined as the series or how much proof is needed before a particular judgement could be made.
Former Senate President Franklin Drilon noted that not all senators are lawyers.
Former Senate President Franklin Drilon noted that not all senators are lawyers.
“There is simply no standard of evidence that is required. Each senator-judge would make a judgment on the basis of his or her appreciation. There is no standard that is imposed because it is just simply not possible,” said Drilon.
“There is simply no standard of evidence that is required. Each senator-judge would make a judgment on the basis of his or her appreciation. There is no standard that is imposed because it is just simply not possible,” said Drilon.
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“In the first place, the impeachment court is a class of its own. From that alone you can have many consequences,” he said.
“In the first place, the impeachment court is a class of its own. From that alone you can have many consequences,” he said.
Aside from these, the former Senate president said it was difficult to impose any standard because the impeachment court is different and those who will sit in these are politicians.
Aside from these, the former Senate president said it was difficult to impose any standard because the impeachment court is different and those who will sit in these are politicians.
“It is addressed on their conscience how they would perceive the evidence presented,” he said.
“It is addressed on their conscience how they would perceive the evidence presented,” he said.
For UP College of Law Prof. Gwen G. De-Vera, Duterte’s conviction or acquittal would be “just a matter of votes.”
For UP College of Law Prof. Gwen G. De-Vera, Duterte’s conviction or acquittal would be “just a matter of votes.”
“That question is really addressed to each senator-judge and as (former) Senator Drilon mentioned, not all of them are lawyers,” said UP College of Law Prof. Gwen G. De Vera.
“That question is really addressed to each senator-judge and as (former) Senator Drilon mentioned, not all of them are lawyers,” said UP College of Law Prof. Gwen G. De Vera.
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“While we are discussing the burden of proof, I think there are two important sets of strands to that question that the Senate should pay attention to: one is the crafting of rules for the impeachment trial,” De Vera added.
“While we are discussing the burden of proof, I think there are two important sets of strands to that question that the Senate should pay attention to: one is the crafting of rules for the impeachment trial,” De Vera added.
The role of the presiding judge is also important, the expert said, as both presiding judges in the past impeachment trials were lawyers.
The role of the presiding judge is also important, the expert said, as both presiding judges in the past impeachment trials were lawyers.
“You will see how they managed… but you’ll see on one hand how previous experience in running adverse proceedings have helped expedite the proceedings and how quickly they decided on motions,” she said.
“You will see how they managed… but you’ll see on one hand how previous experience in running adverse proceedings have helped expedite the proceedings and how quickly they decided on motions,” she said.
Duterte was impeached by the House of Representatives last week on charges of "violation of the constitution, betrayal of public trust, graft and corruption, and other high crimes".
Duterte was impeached by the House of Representatives last week on charges of "violation of the constitution, betrayal of public trust, graft and corruption, and other high crimes".
Accusations spelled out in the 44-page document include an alleged plot to assassinate President Ferdinand Marcos Jr., First Lady Liza Marcos and House Speaker Martin Romualdez, a Marcos cousin.
Accusations spelled out in the 44-page document include an alleged plot to assassinate President Ferdinand Marcos Jr., First Lady Liza Marcos and House Speaker Martin Romualdez, a Marcos cousin.
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The Vice President earlier said that her comments – taken from an expletive-filled speech where she claimed herself to be the subject of a plot – had been taken out of context.
The Vice President earlier said that her comments – taken from an expletive-filled speech where she claimed herself to be the subject of a plot – had been taken out of context.
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