Winston MAYO GINEZ

12/06/2025

All set and proud to join the Philippine Independence Day AGGLC Flag Tournament - rain or shine! 🇵🇭⛳️ Ready play and celebrate freedom on the fairway! 🙌👏

11/06/2025

RETURN OF THE ARTICLES OF IMPEACHMENT TO THE HOUSE OF REPRESENTATIVES

In my view, the key words in the approved Resolution of the Impeachment Court (“IC”) is “until such time”. These words give meaning to the ruling of the IC to “return” the Articles of Impeachment (AOI) to the House of Representatives (HOR), without dismissing or terminating the case.

Thus, the “return” of the AOI does not mean that it will be physically remanded to the HOR. In my humble opinion, it means that the impeachment trial will be put on hold “until such time” that the HOR submits certification to the IC that: (a) the AOI is not a violation of Article XI, Section 3, paragraph 5; and (b) 20th Congress/House of Representative is ready and willing to pursue the impeachment complaint against VP Sara.

However, while the IC put on hold the impeachment trial until submission by the HOR of the certification required by it, it issued the Summons (with the attached AOI) requiring VP Sara Duterte to file her Answer within a non-extendible period of 10 days from her receipt thereof. This move is to give life to its Resolution that the “return” of the AOI to the HOR is not a dismissal or termination of the case.

It will be interesting to watch what will be HOR’s decision regarding the IC’s order for it to submit the certifications mentioned above. Will it comply with the IC’s order? If HOR decides not to comply with the IC’s order, does it mean that the impeachment trial will be put on hold by the IC in the meantime?

As they say, papunta pa lang tayo sa exciting part. Abangan natin ang susunod na kabanata!

07/06/2025

07/05/2025

It is both puzzling and frustrating that in a country where commuters rely on fast, affordable transport, motorcycle taxis are still treated as an experiment rather than what they already are: a

30/03/2025

Hello April! Good morning & Happy Monday everyone! 👍❤️‍🩹🙏

21/03/2025

A CONSTITUTIONAL ISSUE THAT WILL TICKLE OUR MIND

ISSUE: If an impeached public officer resigns before or during his/her impeachment trial, can the Senate (1) still proceed with his/her impeachment trial despite his/her resignation; and (2) if the Senate decides to proceed with his/her impeachment trial and later finds him/her guilty of the charges against him/her, can it impose upon him/her the penalty of disqualification to hold public office.

Section 7, Article XI (Accountability of Public Officers) of our Constitution provides:

“Section 7. Judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold any office under the Republic of the Philippines, but the party convicted shall nevertheless be liable and subject to prosecution, trial, and punishment, according to law.”

The key phrase of Section 7, Article XI is:

“removal from office AND disqualification to hold any office under the Republic of the Philippines” (Emphasis on the word “AND”)

Argument in favor of the position that the penalty of disqualification to hold any office cannot be imposed if the impeached public officer resigns before or during his/her impeachment trial:

Section 7, Article XI provides that the penalty for a convicted public officer is removal from office AND disqualification to hold office. The said section uses “AND” and not “OR”. It follows that the public officer must be removed from office (i.e., convicted) first before he/she can be disqualified to hold public office. Thus, if he/she resigns before he/she can be convicted by the Senate, he/she cannot be disqualified to hold public office.

Argument in favor of the position that the penalty of disqualification to hold public office can be imposed by the Senate even if the impeached public officer resigns before or during his/her impeachment trial:

Section 7, Article XI only enumerates the penalties that may be imposed upon the impeached public officer, which are removal from office and disqualification. Thus, removal from office and disqualification to hold office are distinct and separate penalties that can stand alone from each other. Thus, even if the impeached public officer resigns before or during the impeachment trial, the Senate may still continue the trial and if it finds him/her guilty of the charges against him/her, it may impose upon him/her the penalty of disqualification to hold office.

To my knowledge, our Supreme Court has not yet interpreted Section 7, Article XI of our Constitution. If this issue ever reaches our highest court of the land, it is only when the SC issues its ruling that we will know the answer to my query. Until then, your opinion is as good as my opinion.

Happy and restful weekend everyone!