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  • Debates prolong ‘burial’
    of impeachment case
    By Fernan Marasigan
    Reporter

    IN proceedings marred by heated debates and a boycott by the minority, the House of Representatives formally laid to rest on Monday the impeachment complaint against President Arroyo.

    The House, voting 184 in favor, with one absent and one abstention, adopted the Committee on Justice report that earlier junked the complaint filed by lawyer Roel Pulido, former counsel for the rightist Magdalo group.

    At the start of the session, PDP-Laban Rep. Teodoro Locsin Jr. of Makati City asked the House leaders not to dignify the complaint, with any formal proceedings and in his speech said, “That complaint was regarded by all, and we mean all but one of its members—to wit Rep. Egay San Luis (the lone endorser of the complaint)—as a total sham.” Text of Rep. Locsin’s speech in Op-Ed.

    Independent Rep. Roilo Golez of Parañaque manifested on the floor that the minority will continue to boycott the proceedings—which was seconded by Nacionalista Party Rep. Teofisto Guingona III of Bukidnon—and said the minority cannot participate in the impeachment proceedings that is a “mockery of Congress and desecration of the Constitution.”

    Locsin for his part said, “It is argued that a vote by plenary is mandatory by the Constitution. Even when it is a sham and mocks a constitutional provision for public accountability. Are we to believe that our Constitution makes its own mockery mandatory? We don’t think so.”

    Locsin added he is not asking that a vote by plenary be ignored. “Merely that a compliance in a unique case unanimously, and I stress unanimously, viewed as a sham should come after a decent interval. Say, one year in archives.”

     Party-list Rep. Joel Villanueva of Citizens’ Battle Against Corruption was surprised that some of his colleagues stood on the floor and stayed long in the microphone debating with the majority when they earlier agreed they will not participate.

     On November 14, two days after ruling that it is sufficient in form, the committee, voting 43-1, junked the Pulido complaint, finding it insufficient in substance. The deliberation was boycotted by the minority. Only San Luis voted against its dismissal.

    Voting 29-7, the committee upheld an earlier decision of Lakas Rep. Matias Defensor of Quezon City, chairman of the committee, to return the supplemental complaint of Adel Tamano, lawyer and spokesman of the United Opposition.

    The walkout was also prompted by the rejection of Guingona’s motion to disqualify from the proceedings committee members who attended an October 11 meeting in Malacañang last month where an alleged bribery took place to “kill” any impeachment move against the President.

    Besides the Pulido complaint, militant groups filed a second impeachment complaint against Mrs. Arroyo specifically accusing her responsible in the extrajudicial killings besides the various anomalies in her administration.

    But House leaders said it was just an exercise in futility, citing the one-year prohibition against filing the same complaint against an official within one year.

    The Pulido complaint accused Mrs. Arroyo of involvement in the controversial $329-million national broadband network deal with the Chinese Zhong Xing Telecommunications Equipment Co. Ltd. (ZTE).

     

    Suplico, et al. turn to SC for relief 

    By Joel San Juan

    Reporter 

    ILOILO Vice Gov. Rolex Suplico and several others Monday asked the Supreme Court to nullify the dismissal by the secretary-general of the House of Representatives of the impeachment complaint they filed against resigned Commission on Elections (Comelec) chairman Benjamin Abalos Sr.

    At the same time, the petitioners asked the High Court to order House secretary-general Roberto Nazareno to accept the supplemental impeachment complaint they subsequently filed against President Arroyo.

    The petitioners insisted that the supplemental impeachment complaint against Mrs. Arroyo along with the Abalos case should be transmitted to House Speaker Jose de Venecia Jr. who will in turn refer it to the Committee on Justice.

    The committee shall determine whether the complaints are sufficient in form and substance as prescribed by the Constitution and other applicable rules of procedure.

    Suplico sought Abalos’s impeachment on September 27 based on the latter’s alleged involvement in the $330-million national broadband project with China’s ZTE telecom giant.

    The vice governor cited the statement of former socioeconomic planning secretary Romulo Neri before a joint Senate investigation that Abalos had offered him P200 million in exchange for his approval of the NBN deal.

    Suplico filed the supplemental impeachment complaint against Mrs. Arroyo based on Neri’s admission that he told the President about the bribe offer from Abalos.

    The petitioners said they were forced to resort to a “supplemental” impeachment complaint after an impeachment complaint against Arroyo was filed by lawyer Roel Pulido last October 5.

    Under the constitution, an impeachment complaint may be filed against an official not more than once a year. The Pulido complaint was found sufficient in form but deficient in substance and was subsequently dismissed by the Committee on Justice.

    The House plenary voted to completely bury the complaint Monday.

    “We have filed a petition here at the Supreme Court for certiorari and mandamus under Rule 65 questioning the actions of the secretary-general of the House of Representatives in not accepting the supplement we have filed to the Abalos impeachment complaint. We are questioning the acts of the secretary-general. The secretary-general is not the House of Representatives.  He is a mere clerk, and the power whether or not to impeach a sitting president must not be given to the hands of a mere clerk,” Suplico said.

    He noted that the supplemental complaint contains “new allegations and recital of facts” which could not be found in the Abalos impeachment complaint.

    Suplico said a supplemental complaint, under the Rules of Court, is deemed to be part of the original complaint, thus, it does not at all require a new endorsement.                                                                                           

    Suplico said Nazareno committed grave abuse of discretion when he dismissed the Abalos case for being moot and academic since Abalos has already resigned from his post. 

    He said it is not within the power of Nazareno to say who may or may not be impeached for acts committed while in public office.

    Suplico insisted that it has not been established that Abalos is indeed resigned from office, as he could have only filed a terminal leave of absence.

    The issue, he said, can only be established in a full-blown impeachment proceeding.

    He contended that if Abalos has indeed resigned from his post, he can still be impeached and tried for impeachable offenses, so that he may also be disqualified from holding any public office.

    Suplico’s copetitioners in the case are lawyer Harry Roque, former presidential adviser on political affairs Angelito Banayo, Dr. Ma. Dominga Padilla, Father Joe Dizon, Manuel Baviera and Roel Garcia.

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