Going through the
Impeachment Maze
Pro-Arroyo allies seem
to be putting obstacles to the impeachment against the incumbent president
which is expected to be filed in the House on July 25. But opposition
congressmen and lawyers involved in the impeachment move are not about to
give way to the dilatory tactics.
BY DABET CASTAÑEDA
Bulatlat
On July 25, President Gloria Macapagal-Arroyo
will be the first president of the Philippines who will deliver a State of
the Nation Address (Sona) with an impeachment complaint on her doorstep.
Lawyer Oliver Lozano filed the
complaint last June 27, the day the President made a public apology for
“talking to a Comelec official” given her anxiousness to protect her votes
and what she described as a “lapse in judgment.”
Rep. Rodante Marcoleta of the Alagad
party-list group which is identified with the Iglesia ni Kristo (INK,
Church of Christ) endorsed the complaint. The INK supported Macapagal-Arroyo
in the May 2004 elections and Alagad’s association with INK spewed
speculations that the party-list representative is an administration ally.
The opposition bloc in the House
accused Marcoleta of being used by the administration to abort the
impeachment proceedings. Marcoleta has denied this in a previous
interview.
Human rights lawyer Neri Colmenares, a
member of the impeachment prosecution team, explained that the original
complaint was weak and had a big probability to be junked by the House
Committee on Justice. If this happened, it would delay the impeachment
proceedings for a year because the rules provide that no public official
shall be filed an impeachment complaint in the same year.
Meanwhile, for the last two weeks,
House opposition representatives spearheading the President’s impeachment
have accused Malacañang (the presidential palace) of bribing their
colleagues in exchange for junking the complaint. House insiders confirmed
that the President herself has been making calls to the members of the
House to sign the manifesto of support for her.
In fact, House sources said the Palace
has become too desperate that it had called Rep. Ronaldo Zamora to trash
the complaint in exchange for large sums of money and funds for his
projects. Zamora is the head of the impeachment prosecution team.
According to Colmenares, the House
needs 78 members (or one-third of the total membership of 236) to sign or
endorse the complaint to hasten the proceedings by giving the Articles of
Impeachment directly to the Senate. The latter, in turn, would act as a
jury. The opposition said that it has more than 50 signatories as of press
time.
Hitches
Last July 20, rumors were rife that
Marcoleta withdrew his endorsement prompting opposition House members to
confirm their previous allegations about him. This prompted opposition
Rep. Rolex Suplico to also endorse the impeachment complaint. If no one
else endorsed it and Marcoleta’s withdrawal proved to be true, the House
would be forced to consider the complaint as “dead.”
Meanwhile, the impeachment prosecution
team has been meeting every day to complete the amendments to the Lozano
complaint which they plan to file on July 25, the day of the President’s
SONA.
In an interview, Marcoleta said he
felt offended by the opposition’s move to amend the complaint without
consulting or at least informing him about it. On the first part of the
interview, he said he had no plans of withdrawing his endorsement but said
that he would not endorse the amended version.
He also wonders if amending the
complaint is allowed by the House rules on impeachment. The 13th
Congress has yet to adopt the new set of rules on impeachment. In such a
case, the rules of the previous Congress apply.
The rules which were used during the
impeachment trial of former President Joseph Estrada do not mention
anything on amendments. Further, the Supreme Court has declared this as
illegal.
In this case, Colmenares said the
ruling of the Supreme Court would have suppletory effect over the
impeachment proceedings. This means that amendment to the complaint is
allowable as long as a copy of which has not reached the accused, in this
case, Macapagal-Arroyo.
In a brisk turn of events, the accused
may have put one over the complainants. In the afternoon of July 21, the
President filed her reply to the original Lozano complaint that could mean
no amendments would be entertained without permission from the House
Committee on Justice which is perceived to be dominated by representatives
allied with the administration.
And to make things worse, this could
only happen when the 13th Congress opens its second regular
session on July 25.
But the impeachment team is not about
to give up, Colmenares said. Describing it as only a “tactic” by the
administration to delay the impeachment proceedings, he said they will not
let the administration dictate upon them and will push through with the
filing of the amended complaint on Monday, a few hours before the
President delivers her SONA. Bulatlat
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