This story
was taken from Bulatlat, the Philippines's alternative weekly
newsmagazine (www.bulatlat.com, www.bulatlat.net, www.bulatlat.org).
Vol. V, No. 29, August 28-September 3, 2005
Codal
Condemns Attempts to Subvert Impeachment Proceedings
By Counsels for the
Defense of Liberties Atty. Neri Javier
Colmenares © 2004 Bulatlat
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Posted by Bulatlat
CODAL sees the hand of Malacañang in the recent withdrawal by Rep. Amang
Magsaysay (Association of Volunteer Educators Party-list) of his signature in
the impeachment complaint, taken in the light of disbursement of road users tax
funds, appointment of relatives of members of Congress to juicy government
positions and bribery attempts reported by Rep. Rolex Suplico and Rep. Magsaysay
himself. The hundreds of millions released by Malacañang to members of the
House of Representatives virtually wiped out whatever “savings” gained by the
government from the decrease in the Priority Development Assistance Fund of each
member of the House imposed in this year's budget. President Arroyo is being
charged with buying the 2004 Presidential Elections. Now, she is suspected of
attempting to buy the 2005 impeachment proceedings. In both cases, she used
public funds.
Railroading of the impeachment proceedings by using government funds is in
itself an impeachable offense. Using tax revenues, such as the aptly called
“rail-road users tax,” for the private interest of the President belies the
governments sincerity in its tax drive to address the fiscal crisis. Offering
government positions, including cabinet positions, to weaken the impeachment
complaint also violates the dictum that “public office is a public trust.”
The claim of Rep. Amang Magsaysay that he is withdrawing his signature because
he lacks the personal knowledge if the president indeed committed impeachable
offenses is a weak attempt to justify such as shamefaced reversal of
position. Rep. Magsaysay has personal knowledge of the act of bribing him to
ensure that he will not sign the impeachment complaint against President
Arroyo. This in itself constitutes an impeachable offense against President
Arroyo and it is difficult to understand how Rep. Magsaysay can claim that he
has no knowledge that the President committed anything wrong. As
a representative of educators who are expected to teach ethics and know right
from wrong, the turn around of Rep. Magsaysay violates the principles and
advocacies of his constituency.
His claim that he was not furnished a copy of the complaint when he signed it is
also untrue. Atty. Neri Javier Colmenares, CODAL convenor and one of the lawyers
of the Impeachment Legal Team swears that he personally handed Rep. Magsaysay a
copy of the impeachment complaint during one of the meetings of the impeachment
group. Furthermore, Rep. Magsaysay could remain as an endorser of the complaint
even if he insists “he has no personal knowledge” of the charges.
Fiscals or public prosecutors have no personal knowledge of the information they
file in court, and endorsers of the impeachment complaint who will act as
prosecutors, may endorse and prosecute said complaint despite lack of personal
knowledge. Rep. Magsaysay, if he is true to his avowed commitment to truth and
justice should remain as
endorser of the complaint. This will really test whether he received “benefits”
from Malacañang.
Moves by members of the Majority to lawyer for President Arroyo or weaken the
impeachment complaint is not only unethical but is actually violative of Section
14, Article VI of the 1987 Constitution which provides: Section 14. No Senator
or Member of the House of Representatives may personally appear as counsel
before any court of justice or before the Electoral Tribunals, or quasi-judicial
and other administrative bodies. Neither shall he, directly or indirectly, be
interested financially in any contract with, or in any franchise or
special privilege granted by the Government, or any subdivision, agency,
or instrumentality thereof, including any government-owned or
controlled corporation, or its subsidiary, during his term of office. He
shall not intervene in any matter before any office of the Government for his
pecuniary benefit or where he may be called upon to act on account of his
office.
In fact, any member of Congress who decided in one way or the other on
impeachment-related issues because they were given benefits through the road
users tax, appointment of their relatives to juicy government posts or given
cash by Malacañang, may be charged with criminal offenses under various
anti-graft laws.
The recent development is a clear sign that President Arroyo does not wish to
answer the complaint of the people against her. Unfortunately for President
Arroyo, her attempts to avoid being impeached, has led her to commit more
impeachable offenses.
Reference Person:
(Convenor and Spokesperson)
August 24, 2005