impeachment news

8/11/2019 Impeachment News

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3 impeach raps vs Aquino declared sufficient in form

Two of the impeachment complaints are on the controversial Disbursement Acceleration Program andthe third, on the PH-US Enhanced Defense Cooperation Agreement

MANILA, Philippines (UPDATED) After much debate over procedural matters, the House committee

on justice on Tuesday, August 26, voted to declare as sufficient in form all 3 verified impeachmentcomplaints against President Benigno Aquino III.

Lawmakers voted 53-1-1 and 42-7-4 to declare thefirst andsecondimpeachment complaints againstAquino as sufficient in form while no objections were raised against thethirdone.

The first two impeach raps against Aquino are over the governments controversial spending scheme,theDisbursement Acceleration Program,several executive actions under which were declared asunconstitutional by the Supreme Court, while the third one is over thePhilippines-US EnhancedDefense Cooperation Agreement(EDCA).

The complainants allege that Aquino should be impeached on the basis of committing culpableviolation of the Constitution, graft and corruption, and betrayal of public trust.

Aquino allies took the first hearing on the matter as an opportunity to poke holes into the basic meritsof the case.

Deliberations on the complaints focused on whether sponsors of the first resolution, comprised ofmembers of the leftist Makabayan bloc in the House, should amend their endorsements to reflectchanges that were made after it was filed before the Office of the Secretary General.

During his interpellation of Bayan Muna Representative Neri Colmenares, Ilocos Norte RepresentativeRudy Farias noted that complainants Renato Reyes and Dante Jimenez struck out their organizationsBagong Alyansang Makabayan (Bayan) and the Volunteers Against Crime and Corruption (VACC),respectively, from the first impeachment complaint but the endorsement letter from the sponsors stillincluded their organizations.

Colmenares said the complaint was amended to reflect the fact that Reyes and Jimenez filed thecomplaint in their individual capacities, doing away with the need to submit a resolution from theirorganizations as part of the complaint.

Farias moved to allow the sponsors to correct their endorsement letters since the discrepancybetween the names in the documents indicate that they are "endorsing a non-existing complaint."

Colmenares, meanwhile, maintained that technical errors should not serve as a basis to declare animpeachment complaint as insufficient in form.

Iloilo Representative Niel Tupas Jr, Justice committee chair, ordered the secretariat to indicate thechanges in the interest of liberality and justice but the ruling met objections.

Cavite 4th district Representative Elpidio Barzaga said such details were very substantial because it

would indicate who the real complainants are.

Meanwhile, Ako Bicol Representative Rodel Batocabe argued that admitting that there was adiscrepancy in the verified impeachment complaint and the endorsement letter was an indicationthat the first complaint was defective in form.

Tupas had to call at least two points of order and breaks before the hearing could move forward.

In the end, the justice committee voted 51-4-1 to approve Farias motion to amend theendorsement.
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Next steps

Similar arguments were raised on the second impeachment complaint over DAP.

Cagayan de Oro 2nd district Representative Rufus Rodriguez said the second impeachment complaint,filed by student and youth leaders, did not go through the proper verification process, as indicated bythe lack of sufficient identification documents to accompany the complaint.

But the sponsors maintained that the impeachment complaint is valid.

There is nothing to amend. The resolution is valid as it is, Colmenares said. He stressed that thecommittee should focus on the grounds of the case rather than technicalities.

Meanwhile, the third impeachment complaint on EDCA did not receive any objections.

The next round of deliberations on the impeachment complaints will be heard on Tuesday, September2. All 3 complaints will go through at least two more rounds of voting to determine if they aresufficient in substance, and whether there are grounds for impeachment, before they go to plenary.

Should the committee find that all 3 complaints are not sufficient in substance, the impeachment bids

against Aquino will be deemed rejected and will no longer move forward.

Filed: First valid impeach complaint vs Aquino

(UPDATED) Barring hitches, the House committee on justice will be holding its first impeachmenthearing against the President

MANILA, Philippines (UPDATED) The first valid impeachment complaint against President BenignoAquino III was filed on Monday, July 21, over his controversial budget spending program called theDisbursement Acceleration Program (DAP). It was endorsed by 3 representatives from the leftistMakabayan bloc in the House of Representatives.

The House has the exclusive power to initiate the impeachment process. Two complaints were earlier

filed before the legislative chamber but these were not valid because no representative endorsedthem.

Barring technical issues, the House committee on justice is mandated to tackle the complaint signedby 28 individuals who campaigned against the DAP and the pork barrel.

"This is the first valid complaint. There's a presumption of regularity because of the endorsement....We're ready. I will ask for advance copy but, officially, it won't be referred [to the committee] until theSONA (State of the Nation Address)," House committee on justice chairman Iloilo Representative NielTupas Jr told Rappler. The President will deliver his SONA next Monday, July 28.

It would be the first impeachment hearing against Aquino, who controls both chambers of Congress,continues to enjoy popularity despite asharp drop in public opinion ratings, and, as president, usedthe impeachment process to remove the leader of another branch of government, then chief

justiceRenato Corona.

"We will give it the utmost priority in the committee on justice. It is a priority more than the bills onthe Judicial Development Fund and other matters," Tupas added.

Numbers game

Administration allies doubt that any impeachment complaint against the President would prosperbeyond the committee.
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The House of Representatives is packed with the President's Liberal Party and coalition partners suchas the Nacionalista Party and Nationalist People's Coalition, among others.

"I will withhold my comment but at the end of the day it will be a numbers game because it's apolitical process," Tupas said.

The committee may be bypassed, however, and the impeachment complaint can succeedif proponents are able to muster 97 votes to impeach the President. But that's a tall order.

The Makabayan bloc has 7 members. Bayan Muna representatives Neri Colmenares and Carlos IsaganiZarate and Anakpawis representative Fernando Hicap endorsed the complaint. Other members of thebloc are Gabriela representatives Luzviminda Ilagan and Emmi De Jesus; Kabataan representativeTerry Ridon; and Act Teachers representative Antonio Tinio.

PROPONENTS: Bayan Muna representative Neri Colmenares (left) and other proponents of theimpeachment complaint against President Benigno Aquino III.

It's the first time for Makabayan to endorse an impeach bid against Aquino. The party-listrepresentatives used to be allied with the administration as members of the majority bloc in theprevious 15th Congress. They supported, among others, the impeachment of Corona. Bayan Muna

Representative Neri Colmenares himself was a member of the House prosecution panel during theimpeachment trial of the dismissed chief justice.

Makabayan left the majority bloc in the 16th Congress.

Disputing 'good faith'

The complaint accuses Aquino of culpable violation of the Constitution and betrayal of public trust.

It reads: "The basic thesis of this Impeachment Complaint is that through the DisbursementAcceleration Program (DAP), President Benigno S. Aquino III as Chief Executive centralized andcontrolled public funds, through disingenuous acts and practices, and turned it into his ownPresidential pork barrel, in violation of the Constitution and laws, constituting a usurpation of thepower of the Legislature and a mockery of the principle of separation of powers and check-and-

balance in government." At least 28 individual complainants signed it.

At least 28 individuals signed the complaint. Among them are Bayan secretary-general Renato M.Reyes, Jr; COURAGE President Ferdinand Gaite; Volunteers Against Crime and Corruption foundingchairman Dante Jimenez, retired Archbishop Oscar V. Cruz, Bishop Emergencio D. Padillo of the UnitedChurch of Christ in the Philippines (UCCP), Bishop Joselito Cruz of the Iglesia Filipina Independiente,former Gabriela representative Liza Maza; University of the Philippines Professor Judy Taguiwalo, andwhistleblower Sandra Cam among others.

The Supreme Court has declared several acts under DAPunconstitutional.But the President has saidthe unanimous verdict was difficult to accept and understand.

Reyes claimed the complaint gained ground after Aquino's widely criticized July 14televised address

on the DAP,where the chief executive slammed the justices and made declarations that sounded likean impeachment threat against them.

Reyes also ealer took a swipe at rival party-list organization Akbayan.

"Yellow cheerleader Akbayan wants to trivialize the proceedings, thus adding its voice to the chorus ofAquino allies in the Lower House who vow to stand in the way of truth and accountability," he said.

VALID COMPLAINT. Bayan Secretary General Renato Reyes claimed the complaint gained ground afterAquino's widely criticized July 14 televised address on the DAP.
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He added: "Akbayan, whose leaders occupy various positions in the Aquino government, took nearlyfour days before actually saying anything about the Presidents DAP speech. They have shamelessly

jumped on the 'good faith' bandwagon of Aquino apologists. Akbayan has shown itself to be moreinterested in keeping itself in power, rather than fighting for the interests of the people in the matterof DAP and presidential pork."

Akbayan supported Aquino in the 2010 presidential election; one of Aquino's senatorial bets then was

former Akbayan Representative Risa Hontiveros.

Youth groups file second impeachment raps vs Aquino

Like the first complaint, this one filed by student leaders and campus journalists also involves theDAP, which the Supreme Court has declared partially unconstitutional

MANILA, Philippines Youth organizations on Tuesday, July 22, filed the second valid impeachmentcomplaint against President Benigno Aquino III at the House of Representatives over the controversialspending program known as the Disbursement Acceleration Program (DAP).

Kabataan Representative Terry Ridon endorsed the complaint. Ridon is a member of the leftistMakabayan Coalition in the House whose 3 members endorsed thefirst impeachment complaint

against Aquino filed on Monday.

A total of 25 student leaders and campus journalists led by the youth group Youth Act Now accusedAquino of committing 3 impeachable offenses: culpable violation of the Constitution, betrayal of publictrust, and graft and corruption.

The complainants also cited earlier revelations made by Senator Jinggoy Estrada that the Aquinoadministration bribed legislators with funds sourced from DAP to impeach then Chief Justice RenatoCorona.

Back then, Budget Secretary Florencio Abad denied the allotments were bribes but rather funds underDAP, a program that enabled the executive branch to transfer funds from slow-disbursing projects tofast-disbursing ones to boost the economy. Malacaang gave some senators P50 million each from

DAP for their pet projects, in addition to their pork barrel known as the Priority DevelopmentAssistance Fund, also the subject of controversy.

The petitioners said Aquino committed "no less than 116 count of technical malversation" forapproving and implementing 116 projects under DAP.

The Supreme Court has declared several acts under DAPunconstitutional,but the President has saidthe verdict was difficult to accept and understand. Despite the unanimous ruling against theconstitutionality of DAP, thegovernment has asked the Supreme Court to reverse its ruling on thecontroversial program.

At a news briefing on Tuesday, Palace Communications Secretary Herminio Coloma Jr said Malacaangis unfazed by the latest impeachment complaint against the President.

He knows that the representatives of the people will consider public welfare in their decision, Colomasaid in Filipino.

Asked whether Malacaangsconfidence is based on its number of allies in Congress, the Palace officialsaid it is counting on the lawmakers to base their decision on reason and the truth.

Reason should be the primary basis of the representatives. In their decision, they will surely take intoconsideration the sentiments and welfare of the people. It cannot be denied that numbers areimportant here, because the impeachment complaint would be subject to a vote. But we still believethat truth, reason, and public welfare should prevail, Coloma said.
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Iloilo Representative Niel Tupas Jr, who chairs the House committee on justice, told reporters thatlawmakers are expecting Speaker Feliciano Belmonte Jr to refer the impeachment raps to thecommittee when Congress resumes session after the State of the Nation Address (SONA) on July 28.

"We will give it our utmost priority because its an impeachment, it takes precedence over all otherpending matters in the committee on justice, so once referred, we will set a hearing and we will voteon the first day on the sufficiency in form," Tupas said.

Aquino's allies in the House are confident that theimpeachment complaints will not prosper beyondthe committee level.

Complainants need to get the votes of at least one third of the House membership to approve aresolution to impeach the President. At least 244 or about 85% of the more than 290 lawmakers inthe House belong to the administration-backed majority bloc.

3rd impeach raps vs Aquino, this time over military deal

Progressive groups say the Enhanced Defense Cooperation Agreement between the Philippines and theUS surrenders national sovereignty and compromises territorial integrity

EXPANDED. The 3rd impeachment complaint against President Benigno Aquino III is based on thealleged unconstitutionality of the Enhanced Defense Cooperation Agreement. Photo by BenNabong/Rappler

MANILA, Philippines At least 21 complainants on Thursday, July 24, filed the third validimpeachment complaint against President Benigno Aquino III at the Office of the Secretary General ofthe House of Representatives.

Unlike the first two cases, however, it is not over Malacaang's controversial spending program butthe alleged unconstitutionality of an agreement between the Philippines and the United States whichallows American troops more access to Philippine military facilities.

Petitioners said Aquino committed culpable violation of the Constitution and betrayal of public trust forentering into an agreement which they said "surrendered national sovereignity and compromised our

territorial integrity."

Complainants said they believe the Enhanced Defense Cooperation Agreement (EDCA) violatesconstitutional provisions that ban the presence of foreign troops and bases, as well as the use andentry of war materials.

They also assailed the executive branch for entering into an agreement that was not ratified by theSenate. Some senators share the same opinion. (READ: Senators pinpoint 7 flaws in EDCA)

"It is clear in the provisions of the Constitution that establishing bases are prohibited unless approvedby the Senate and ratified by the people," said former Bayan Muna Representative Satur Ocampo, oneof the petitioners, in a mix of English and Filipino.

"Napakalawak, nakapatindi ng implikasyon at parang ibinenta na ang ating soberanya," he added.

(The implications are grave and far-reaching that it appears that they sold our sovereignity.)

The EDCA expands existing cooperation activities between the Philippines and US to include two newactivities. Under the deal, the US military can build military facilities and preposition defense assets in

agreed locations that are yet to be determined by the two countries.

The Philippine panel that negotiated the agreement said the deal would address the country's lack ofdefense equipment. (READ: 'EDCA benefits PH more than US')
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Gabriela Representative Emmi de Jesus and ACT Teachers Representative Antonio Tinio endorsed thecomplaint.

They are members of the Makabayan Coalition in the House of Representatives. The first twoimpeachment complaints against Aquino were also endorsed by members of the Makabayan bloc.

A case seeking to declare the EDCA as unconstitutional is currently pending before the Supreme Court.

Asked how the case before the SC would affect the impeachment case, Ocampo said the petitionersbelieve the impeachment raps should have a separate resolution from the case at the high court sincethey are two different mechanisms.

At least two of the petitioners in the EDCA case before the high court former Bayan MunaRepresentative Teddy Casio and Bagong Alyansang Makabayan (BAYAN) chairperson Carol Araullo are also complainants in the third impeachment rap against Aquino.

Other complainants in the impeachment raps include:

Makabayan Coalition president Satur OcampoWomen's rights lawyer Evalyn G. UrsuaSamahan ng mga Ex-Detainees Laban sa Detensyon (SELDA) chairperson Amaryllis Hilao Enriquez

GABRIELA vice-chairperson Gertrudes LibangCenter for Womens Resources (CWR) executive director Mary Joan Guan Salinlahi Alliance for Children's Concernssecretary general Kharlo Felipe MananoProfessor Phoebe Zoe Maria SanchezLila Pilipina Lolas Center Incorporated president and executive director Rechilda ExtremaduraLila Pilipina co-president Virginia VillaramaLila Pilipina vice-president Narcisa AdriaticoLila Pilipina treasurer Felicidad De Los ReyesLila Pilipina auditor Estelita DyLila Pilipina member Luningning Lituaas of LilaBagong Alyansang Makabayan Central Luzon (BAYAN-CL) chairperson Roman PolintanSuara Bangsamoro president Amirah Ali LidasanKalikasan Peoples Network for the Environment convenor Clemente Guevarra Bautista, JrKarapatan Alliance for the Advancement of Peoples Rights secretary-general Cristina PalabayTransport group PISTON president George San MateoAlliance of Health Workers president Jossel Ebesate

Meanwhile, progressive group Sanlakas also submitted an impeachment complaint over DAP beforethe House secretary general on Thursday. However, it was not officially accepted due to the lack of anendorsement from lawmakers.

Malacaang response

Palace Communications Secretary Herminio Coloma Jr said Malacaang leaves to Congress thedecision to act on the latest impeachment complaint.

"We note the filing of the third impeachment complaint based on the Enhanced Defense CooperationAgreement (EDCA) between the Philippines and the United States (US). As in the previous complaints,we will leave it to Congress, as an independent and co-equal branch of government, to assess anddecide on its merits," Coloma said.

Coloma defended the merits of the EDCA especially in wake of ongoing tensions in the West PhilippineSea (South China Sea).

"We maintain that the EDCA is a response to the evolving security challenges in the Asia-PacificRegion on account of disputes among countries with maritime entitlements in the West PhilippineSea," Coloma said.

"The EDCA builds upon the Mutual Defense Treaty, which for more than 60 years, has served as themain platform for the strategic defense partnership between the Philippines and the United States," headded.


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Aquino is set to deliver his fifth State of the Nation Address on Monday, July 28. Once Congress opensits second regular session, all impeachment complaints will be referred to the House committee on

justice for deliberations.

4th impeach raps vs Aquino scrutinizes 'hidden pork'MANILA, Philippines (3rd UPDATE) A group of public school teachers and employees led by ACTTeachers Representative Antonio Tinio and National Artist for Literature Bienvenido Lumbera filed the4th impeachment complaint against President Benigno Aquino III on Monday, August 11, over "hiddenpork barrel."

The complaint was received by the Office of the Secretary General of the House of Representatives buthas yet to be verified by Secretary General Marilyn Barua-Yap, who is out of town. An unverifiedimpeachment complaint can't be referred to the committee for deliberations.

The House plenary endorsed 3 previously filed verified complaints to the committee on justice Mondayafternoon. It remains to be seen whether this impeachment complaint would still be considered in thedeliberations.

Once impeach raps have been referred to the committee, the next complaint may only be filed andconsidered one year after based on the rules.

Complainants allege that Aquino committed betrayed public trust and violated the Constitution byperpetuating "hidden, informal practices" where lawmakers still have access and entitlements to lumpsum funds from the abolishedPriority Development Assistance Fund (PDAF) even if the amount hasbeenrealigned to 6 government agencies in the 2014 national budget in the aftermath of the multi-billion-peso pork barrel scam.

The Supreme Court declared the PDAF scheme and other lump sum discretionary funds for lawmakersas unconstitutional in 2013, banning legislators from participating in the post-enactment stages of thebudget execution.

By the time the High Court made decision, the House of Representatives had already abolished thePDAF and realigned P25.2 billion (about $569 million) worth of funds intended for 6 governmentagencies: the Department of Health, Commission on Higher Education, Department of Education,Department of Labor and Employment, Department of Public Works and Highways, Department ofSocial Welfare and Development.

Complainants, however, said statements made by officials of at least 3 government agencies thatreceived the realigned funds reveal that lawmakers still have access to such lump sum amounts.

One of the primary evidence in the complaint is an audio recording of an executive session conductedby the House committee on appropriations with Commission on Higher Education chair SecretaryPatricia Licuanan. Executive sessions are closed to the media and confidential.

It also includes an audio recording of Health Undersecretary Janette Garin in a May 20 briefing withmembers of the House of Representatives to discuss the DOH medical assistance program.

"Dito rin kaharap niya ang mga kongresista at siya rin malinaw na malinaw na sinabi niya, 'Angperang nasaDOH, actually,pera ninyo. Kayo ang magtatakda kung paano gagamitin.' Kaya idinetalyeniya kung paano 'yung mekanismo na pag nagre-rekomenda ang congressman, maglalabas ng pera.Malinaw na malinaw na labag sa batas atbetrayal of public trust," Tinio said.

(In this recording she was also facing congressmen and she said very clearly, 'The money that is inDOH is actually your money. You should be the ones to dictate how it should be used.' That's why she
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discussed in detail how the mechanism works when a congressman recommends a patient or aproject. This is a clear violation of the law and a betrayal of public trust.)

Also included as evidence are press releases and news articles allegedly bearing the admission ofDOLE regional directors that their offices "invited and allowed the participation of lawmakers in theimplementation of emergency employment and government internship programs," according to thecomplaint's executive summary.

"With DAP (Disbursement Acceleration Program), in good faith ang kanilang ginawa pero ngayon hindina nating masasabingin good faith ang kanilang ginawa. Nandito ang hayagang paglabag sa batas nanilinaw na ngSupreme Court," Lumbera said.

(With DAP, they said what they did was based on good faith. Now, they can't say this was done ingood faith. This is where you can see a violation of the law that has already been clarified by theSupreme Court.)

Thefirsttwo verified impeachment raps against Aquino focused on the administration's controversialspending program known as DAP or the Disbursement Acceleration Program.The 3rd complaintfocused on theEnhanced Defense Cooperation Agreement,a military to military deal between thePhilippines and the United States that allows American troops greater access to military facilities here.

All complaints, including the yet-to-be verified impeachment raps on hidden pork, were endorsed bythe leftist Makabayan Coalition in the House.

Meanwhile, Malacaang said it is not bothered by the new complaint, saying it is not among theadministration's top concerns.

"That is not a priority for us. Number one, the allegationsthat they alleged that the Presidentcommitted wrongdoing certainly, we do not agree with. But is it something that were concerned(about)? No, were not. We will let the impeachment complaint,impeachment proceeding take itscourse in Congress," Presidential Spokesperson Edwin Lacierda said.
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