Congressmen huddle during deliberations on the impeachment complaint

Photo by Aubrey 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 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.

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 2^nd District of Maguindanao. He is a member of the Lakas-Christian Muslim Democrats, the biggest party affiliation in the House led by de Venecia (4^th 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

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