We thought the long wait for the impeachment trial was almost over, but suddenly we’re waiting some more, until June 11, the last day of the 19th Congress, so that the Senate can get legislative matters out of the way first daw. Hanggang sa dulo, walang proceeding “forthwith” LOL.
After listening to the back-and-forth of legal luminaries and former senate presidents and incumbent senators vs SP Chiz, from one news cycle to the next, viz a viz issues of jurisdiction and continuity, it seems to me that there would be no problem at all if the senators simply, truly, treat this impeachment case as sui generis, in a class of its own, regardless of precedents.
For some reason, the senators are insisting that they have to proceed in exactly the same ways as in previous impeachment cases. To wit, hindi puwedeng mag-convene as an impeachment court unless Congress is in session, as in the time of Erap and Corona. To wit, hindi puwedeng mag-cross over ang impeachment trial from the 19th to the 20th congress because it has never happened before.
Pero di ba, kapag sui generis, ibig sabihin, dedma sa precedents if any? Googling it, I found this:
STARE DECISIS and SUI GENERIS. The law favors consistency, which is why new cases are decided based on comparison to prior similar cases. This is the doctrine of stare decisis. The notion of legal precedent dictates that similar cases should result in similar court decisions.
Sometimes, however, a novel situation without precedent comes before our courts; such a matter would be regarded as sui generis, literally “of its own kind.” The term sui generis is used to describe a stand-alone thing or situation, something without precedent or comparison. The term can also be used to describe something that is peculiar or unique.. https://buteralaw.com/
Every impeachment case should be regarded as sui generis — stand-alone, without precedent or comparison. And, in fairness to the VP, without expectation that the result would be the same as, say, the Erap case or the Corona case.
For sure the Duterte bloc — Go, Bato, Robin, Imee — will try every trick in the book to stop the impeachment trial from proceeding, but for now I’m thinking positive, that more than a majority of Senators will stand strong and vote YES, let’s hear the prosecution’s evidence and the VP’s defense on all seven charges. Let the chips fall where they may.