This story
was taken from Bulatlat, the Philippines's alternative weekly
newsmagazine (www.bulatlat.com, www.bulatlat.net, www.bulatlat.org).
Vol. V, No. 28, August 21-27, 2005
First week of the impeachment proceedings vs Arroyo:
Nobody expected the impeachment complaint to go smoothly. But nobody thought it
would be mired in so many issues this early as the first week of impeachment
proceedings went nowhere. BY
AUBREY SC MAKILAN Public attention focused on
House Committee on Justice (CoJ) chair, Rep.. Simeon Datumanong, after he
abruptly suspended the first impeachment hearing against President Gloria
Macapagal-Arroyo last Aug. 10 over the issue of the participation of
non-committee members in the deliberations. On the next hearing, Aug. 16,
minority congressmen appealed that Datumanong inhibits himself from the
proceedings for making statements that showed he has prejudged the impeachment
complaint. Prejudged The minority congressmen
complained against the statements made by Datumanong in
the television show “The Viewpoint” of ANC23. He reportedly said the three
impeachment complaints filed by lawyer Oliver Lozano, a certain Roy Lopez and 41
members of the House of Representatives should be treated separately. He also
said that the "Hello Garci" tapes were inadmissible as evidence in the
impeachment proceedings. Both issues are still being deliberated by the
committee. Rep. Roilo Golez of
Parañaque said Datumanong was “assuming almost a judicial or quasi-judicial
identity”. “It gives me the impression
that the chair has prejudged the case,” said Golez. “Is that not a ground for
inhibition?" Golez cited the case of
former justice committee chairman Rep. Pacifico Fajardo of Nueva Ecija who
inhibited himself during the Estrada impeachment hearing. Fajardo, who was later
appointed by Macapagal-Arroyo as administrator of the Light Rail Transit
Authority, sought relief as chairman because he is a cousin of then Vice
President Arroyo who would benefit should Estrada be removed from office.
Golez’s case was also
mentioned when he resigned from the chairmanship of the national defense
committee investigating the wiretapping scandal after he joined calls for the
president to resign. When Datumanong denied that
he had pre-judged the case, the minority congressmen dared him to play the copy
of the interview which Golez brought. Meanwhile Bayan Muna Rep.
Teddy Casiño brought out during the same session the issue of majority members
signing a document against the impeachment of the president. According to Casiño,
Executive Secretary Eduardo Ermita said on Aug. 3 in another television
interview that the administration has a document signed by 170 congressmen
against the impeachment of the president. The day before, Casiño
said, House Speaker Jose de Venecia said on television they have the “firm
commitment” of 189 congressmen against the impeachment complaint regardless of
evidence. Members of the majority
then said the statements were only made to answer the minority’s claim of 79
signatures for the impeachment. Casiño however said that the minority has never
announced such number. “The minority has never
said that (79 signatures) but it is expected to gather signatures to support
impeachment,” he said. “The majority could, at the most, campaign, but not
gather signatures against the impeachment.” Casiño said that with
Datumanong’s refusal to inhibit himself, “at this point the public is properly
warned about his earlier statements and therefore we have to consider those in
his subsequent rulings.” In the hot seat Datumanong, who is in his
third term as congressman, boasts of a long experience in public service as
Cotabato governor (1968-1971), Maguindanao governor (1973-1975), Autonomous
Region XII assemblyman for two terms while concurrently serving as regional
chairman until 1984 and Regular Batasang Pambansa member (1984-1986). He was later appointed
secretary of the Department of Justice (DoJ). His appointment “defies reason if
not the principles of trapo politics,” said Columnist Luis Teodoro.
Datumanong was also the first Muslim justice secretary. Laywer and television host
Katrina Legarda also criticized his appointment by saying “he has never
practiced law; was not even No. 12 in the bar examinations: was a politician,
all his life! It is like going to a pediatrician for a heart by-pass operation.” Datumanong now serves as
congressman of the 2nd District of Maguindanao. He is a member of the
Lakas-Christian Muslim Democrats, the biggest party affiliation in the House led
by de Venecia (4th District, Pangasinan). On which complaint to
tackle Meanwhile, the impeachment
proceedings has been proceeding in turtle pace as the committee debated on
whether to tackle the questions raised by Albay Rep. Edcel Lagman first and
whether it should now choose which complaint to hear. Some of the issues that
Lagman wants resolved are: Is the opposition's amended complaint proper or a
prohibited pleading? Under what standard or rule should the amended complaint be
assessed considering that it was filed on July 25, before the adoption of
impeachment rules? Did the amended complaint supersede the original Lozano
complaint? and When does the one-year rule ban start? House Minority Leader
Francis Escudero however argued that the rules of impeachment recognize no
“prejudicial questions” like the ones Lagman raised. “It is not in our rules to
discuss prejudicial questions,” he said. On the issue of which
complaint should be discussed, the minority maintained that the Lozano and
amended complaints are together in just one complaint. Casiño also said that
Kampi
Party-list Rep. Antonio C. Alvarez has already withdrawn his endorsement of the
Lopez complaint. If
Casiño is correct, there would only be the amended Lozano complaint to
deliberate on. “We should be more liberal
with the form since we are after for the substance of the complaint,” he said. The Lozano impeachment
complaint cites five bases for impeachment: culpable violation of the
constitution; betrayal of public trust; bribery; graft and corruption; and other
high crimes. Bulatlat © 2004 Bulatlat
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Fruitless and Turtle-Paced
Bulatlat
He was appointed secretary of the Department of Public Works and
Highways (DPWH) when the president assumed power in January 2001 and became the
lone Maguindanaoan in her Cabinet.