FOR AND AGAINST: Lawyers
Pedro Ferrer (left photo) for President Arroyo and Neri Colmenares (right
photo) for the impeachment complainants
Photos by Dabet Castañeda
Last week’s early suspension of the
House Committee on Justice (CoJ) hearing on the impeachment complaint
lodged against President Gloria Macapagal-Arroyo (GMA) tends to give
credence, so observers said, to allegations by both opposition and
militant groups that the President’s House allies are out to delay the
impeachment process.
To the disappointment of the
jam-packed crowd at the House’s Andaya Hall who attended the first
impeachment hearing against Arroyo Aug. 10, committee chair Rep. Simeon
Datumanong (2nd District, Maguindanao) suspended the hearing
after 30 minutes of petty squabbles on seating arrangements, availability
of microphones, and the question on who has the right to participate in
the hearings. But most of all, everyone thought it was a rather small
venue for a big spectacle.
Datumanong is a member of the Lakas-Christian
Muslim Democrats, the biggest party affiliation in the House led by
Speaker Jose de Venecia (4th District, Pangasinan) who, in
turn, is a staunch ally and defender of the President.
Motion to dismiss
On the same day, Pedro Ferrer, an
unknown lawyer from Far South Mindanao, filed a motion to strike the seven
supplemental complaints of original complainant lawyer Oliver Lozano, the
Lopez complaint and the amended Lozano complaint. The last one was filed
on July 25 and endorsed by 41 congressmen, hours before the Arroyo’s State
of the Nation Address.
Ferrer, who is the President’s defense
counsel to the impeachment case, said in a press conference that the
amended complaint should be considered second complaint because it
introduces substantial amendments to the original.
If this is so, the Arroyo lawyer said,
it violates the Constitutional rule that bars more than one impeachment
complaint against the same government official for one year.
However, in a separate press
conference Aug. 11, Bayan Muna general counsel Neri Colmenares said
Ferrer’s ground to strike – or dismiss – the amended complaint is “legally
untenable.”
Colmenares, who is also a member of
the impeachment prosecution team, said the amended complaint is not a
“second complaint.” A complainant, he said, can amend his or her complaint
before it is filed or, in impeachment proceedings, when it is deemed
initiated. “That is a matter of right,” he said.
The impeachment rules adopted by the
13th Congress say that a complaint is deemed initiated when it
has been referred to the CoJ. In the case of the impeachment complaint
against Arroyo, it was deemed initiated when de Venecia referred it to the
CoJ on July 25. The Speaker referred all three complaints plus the
president’s answer to the first one.
However, Colmenares said that when the
complaint has been initiated, the complainant has to ask for a leave of
court or permission from the CoJ to amend his complaint. “But in this
case, the amended complaint was actually timely because it was filed
before it was referred to the CoJ,” he said.
Who’s afraid of the amendments?
On the other hand, the rules also say
that an amendment should have a leave of court when an answer to the
complaint has been filed by the accused.
The President and her counsel have
been accused of jumping the gun on the House opposition when it answered
the original Lozano complaint even before the complaint could be
initiated.
Ferrer told reporters the President
asked him to draft the answer to the complaint between July 9 and 12. It
was finally filed on July 19 at the Secretary General’s office of the
House.
“Any party accused of any crime or any
offense has the right to defend himself or herself,” he said. “We are not
preempting, we are just following the rule of law (referring to the
one-year ban on filing an impeachment complaint against the same
government official).”
On the other hand, Colmenares said the
answer filed by Ferrer on behalf of the President was a “mere scrap of
paper” and is “not valid under the rules.”
An answer could only be filed, he
said, after 1) the CoJ has deemed it sufficient in form and substance, and
2) when the CoJ orders the accused to do so. “Therefore, the answer was
premature,” he said.
In relation to this, human rights
activist Marie Hilao-Enriquez, one of the complainants to the impeachment
case, said that the reason for Arroyo’s motion to dismiss the amended
complaint was that the President is afraid to face the human rights
violations charged against her.
Hilao-Enriquez went to the Aug. 10
hearing together with the other complainants from people’s organizations.
She is the secretary general of the human rights group Karapatan (Alliance
for the Advancement of People’s Rights).
The first complaint by Lozano only
tackled the violation of public trust in relation to the President’s
apology and admission that she talked to an election officer during the
canvassing of votes after the May 2004 national elections.
The amended complaint held three
grounds for the President’s impeachment including culpable violation of
the Constitution; bribery and graft and corruption; and betrayal of public
trust. The charges include receiving of payoffs from jueteng
(illegal numbers game), electioneering and the killing of political
dissenters.
The CoJ has yet to determine what
complaint it will tackle in its hearings. Colmenares however said most of
the prosecution lawyers would resign if the committee decides to hear the
original Lozano complaint.
Magic 79
However, the best resort to speed up
the impeachment proceedings is for the list of congressmen endorsers to
reach the magic number of 79 or 1/3 of the 236-member House. At the filing
of the amended complaint, only 41endorsers were listed. The complaint
needs 38 more signatures for the Articles of Impeachment to be immediately
transmitted to the Senate which, in turn, would act as jury.
The impeachment rules adopted by the
13th Congress allow what the opposition calls a “creeping
impeachment.” This means that when 79 signatures have been gathered, the
CoJ hearings would stop and the plenary shall vote on roll call. This is
the only constitutional provision that allows the minority to rule over
the majority.
Since the Plenary always supersede the
committee decisions, the Speaker should then transmit the complaint to the
Senate.
The CoJ has 60 session days to
determine if the complaint is sufficient in form, substance and probable
cause. But even if the CoJ can determine so but the endorsement signatures
do not reach the magic number of 79, the complaint will be dead on the
water, Colmenares said. One year is allowed until another complaint
against the President can be filed.
Since it is still a numbers game,
Colmenares said that Malacañang is exhausting all means to dodge
congressmen from endorsing the complaint. The allegation finds its basis
from the testimonies of Representatives Rolex Suplico (5th
District, Iloilo) and Eulogio “Amang” Magsaysay (Party-list, Ave) that
they were being bribed by allies of the President to prevent them from
supporting the complaint.
Colmenares said they would not
hesitate to file the necessary charges, whether in the ethics committee or
as a criminal complaint “pag napatunayan namin na may bribery na
nangyari” (if reports about the bribery were confirmed).
Backlash
But by delaying the impeachment
proceedings through political maneuvering and alleged bribery, the
pro-Arroyo House members are getting more flak especially from the common
folk who just want the truth come out and that those responsible for the
current political crisis are held accountable.
Opposition Rep. Allan Peter Cayateno
(Lone District, Pateros-Taguig), who is an ex-officio member of the CoJ,
chided Datumanong for holding an executive session instead of conducting a
public hearing.
House rules say that an executive
session is only deemed possible when the subject of the inquiry is a
threat to national security and public interest. “Does this now mean that
the threat to the President’s tenure is a threat to national security?” he
asked.
But more importantly, Colmenares said
this attempt only proves the intention of Arroyo to obstruct the people’s
search for truth.
What is at stake here, Colmenares
added, is the credibility of Congress in handling this case. “If the
proceedings would lack credibility, there is no way to stop another people
power,” he said. Bulatlat
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