Tuesday, May 29, 2012

Yes, the Supreme Court can review the decision of the Impeachment Court

The jurisdiction of the Impeachment Court is exclusive over the so-called "impeachable offenses."

It has no jurisdiction over "non-impeachable offenses.

Its judgment over a "non-impeachable offense" is therefore void ab initio being a judgment in excess or lack of jurisdiction.

This is not new. For example, only the Family Court has jurisdiction over family issues.

The Sandiganbayan has jurisdiction only over offenses or persons enumerated.

The question is this: Is moral fitness an impeachable issue? Is non-disclosure in SALN an impeachable offense?

If these issues or offenses or acts are not impeachable, then the Supreme Court can render the Impeachment Court's decision as null and void due to lack or excess of jurisdiction under the Supreme Court's expanded power of Judicial Review under the 1987 Constitution.

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