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Impeach Gloria bid lives for another day

By Charlie V. Manalo

11/19/2008

The impeachment complaint against President Arroyo managed yesterday to live for another day, literally, after the minority bloc in the House of Representatives successfully thwarted an attempt by admi-nistration lawmakers to railroad the hearing.

During yesterday’s hearing of the House committee on justice headed by Quezon City Rep. Matias Defensor, it was ap-parent administration solons were trying to get rid of the com-plaint filed by National Broadband Network (NBN) scam whistle-blower, Jose “Joey” de Venecia III, son of former House Speaker Jose de Venecia Jr., as soon as possible.

When Baguio City Rep. Mauricio Domogan immediately moved for the committee to determine whether the complaint is sufficient in substance, Cebu Rep. Raul del Mar immediately moved to amend the motion, instead calling for a determination on whether or not the complaint was sufficient in form.

However, even before the panel could uphold the complaint’s sufficiency in form, Bohol Rep. Adam Relson Jala insisted that the complaint had failed the test of form.

Jala, a neophyte congressman and a rookie lawyer, said that since the complaint did not “materially allege” that it has complied with the constitutional provision which prohibits the filing of more than one impeachment complaint against the same official in a year, the complaint, therefore, was insufficient in form.

But Albay Rep. Edcel Lagman urged his colleagues to ignore Jala’s statement saying there was no need for the complainants to make such a declaration in their 97-page complaint since the House can issue a judicial notice.

“This is what you call the essence of democracy,” Deputy Minority Leader and Parañaque Rep. Roilo Golez immediately responded eliciting laughter from the panel.

The justice committee then voted unanimously to declare the complaint sufficient in form for being duly verified and notarized.

When the justice committee resumes its hearing today, the panel will then have to decide whether the complaint is sufficient in substance, an issue which have been the main factor in the dismissal of all complaints against Arroyo since 2005.

Defensor stressed the complaint can only pass the test of substance if the complaint contains “a recital of facts constituting the offense charged, supported by admissible, credible evidence that engender, generate s well founded belief that the offense charged have been committed and that the respondent is probably guilty thereof.

Some sectors said the committee decided to ignore the rules on impeachment wherein the complaint should “materially allege” that it has complied with the constitutional provision which prohibits the filing of more than one impeachment complaint against the same official in a year, as the complaint would have to be simply returned to the complainants giving them the opportunity to adjust and amend the complaint to conform with the accepted form.

Had the committee decided on that, the impeachment complaint would have to drag on for several more weeks.

“Impeachment is the instrument to preserve, not destroy, government. It should not and cannot be the instrument for partisan politics or political vendetta or hatred or advance personal and political aspirations,” Defensor said in the presence of the De Venecia father and son tandem.

The elder De Venecia took time to crack a joke saying that while he was guilty of involvement in the dismissal of past impeachment complaints against Mrs. Arroyo, “we did not vote in one week.”

But Defensor said that while the House has a total of 83 session days to pass the validity of the of the impeachment complaint assuming it passed the test of form and substance, they just cannot prolong the process.

However, Golez immediately reacted telling Defensor his speech “sounded like (a list) of grounds for (the complaint’s) dismissal.”

Immediately after the hearing, Domogan and two other administration solons issued a statement rejecting a prolonged impeachment hearing and at the same time urging lawmakers to expedite the proceedings.

Domogan, who is fast gaining notoriety for railroading important House measures, said the impeachment process is not a way of bringing down a government, but a method of determining if an impeachable person should be out of office because of alleged improprieties.

Last week, Camarines Sur Rep. Luis Villafuerte started soliciting 125 signatures from House members to block a bill authored by Domogan seeking to amend the Cooperative code of the Philippines which Villafuerte claims was railroaded.

Also last week, Domogan again attempted to railroad the process undertaken by the House in amending the 1987 Constitution.

Domogan said the House committee on justice has already laid down rules regarding the timetable of acting on an impeachment complaint and these should be followed.

Rep. Antonio Cerilles warned that prolonging the impeachment hearings would be in contrary to the constitutional right of the accused to a speedy trial.

Cerilles said it would unreasonable to delay the impeachment process after the complaint has already been thoroughly discussed by House members and if the issues being raised by the complainant are merely rehashed.

House Deputy Speaker for Mindanao Simeon Datumanong, former chairman of the justice committee, for his part said:“Impeachment is a game of numbers, as the proponents of the move should gather at least a third of the signatures of all the members of the House of Representatives. Impeachment is a political process. If the movers will have the signatures of one-third of the House, then the complaint will be sent to the Senate for trial – no questions asked – even if the majority will cry to high heavens opposing it. But if it fails to muster that number, then the majority can invoke the same expediency in disposing of the complaints.”

The 40-man panel also debated on which complaint should be tackled as three other complaints were also filed by lawyer Guillermo Sotto, Oliver Lozano and Manolo L. Quezon III.

The Quezon “intervening” complaint was filed last November 12, which Secretary General Marilyn Yap automatically referred it to the Defensor panel.

While the Sotto complaint was endorsed by Rep. Teodolo Coquilla (PMP, Eastern Samar), no one endorsed the Quezon complaint which accuses Arroyo of treason for attempting to enter into a Memorandum of Agreement on Ancestral Domain (MoA-AD) with the Moro Islamic Liberation Front (MILF).

Mandaluyong Rep. Nepatali Gonzales II, a senior deputy majority leader, said the rules committee will still have to meet today to discuss if the Sotto complaint will still be referred to the justice panel because of the Constitutional bar.

Majority leader Arthur Defensor suggested the justice panel focus instead on the De Venecia complaint and not be bothered by the other complaints which might be easily dismissed later pursuant to the one-year bar.

Defensor however said that as far as the other complaints are concerned, “the committee has no jurisdiction,” since they have yet to be referred to his committee.

South Cotobato Rep. Darlene Antonino-Custodio however said it was not for the panel chair to rule if the intervening complaint will be rejected, noting that he does not even know that it was already referred to the committee.

Defensor said it does not matter how much the minority calls for transparency if the panel has not acquired jurisdiction of the complaints.

Nonetheless, Defensor assured everyone that his committee will uphold utmost transparency in the impeachment hearing.

“In this impeachment, the Preside nt of the Philippines is not the only one on trial,” said Defensor. The entire House of Representatives, specifically this committee is also on trial. The prying eyes of the people are focused on us.”

“This committee will assure everyone that the hearing on this case will be very transparent.”