Impeachment case brought to SC
Posted by: Avigail Olarte | November 7, 2007 at 5:25 pm
Filed under: Arroyo Impeachment, Congress Watch, Governance, In the News
WITH the rejection of the two impeachment complaints against President Gloria Macapagal Arroyo, the legal battle now shifts to the Supreme Court.
Lawyer Harry Roque Jr., whose group led the filing of an 11-page supplemental complaint last Monday, said they will be submitting a petition before the High Court for the “illegal and unconstitutional act” of House of Representatives Secretary General Roberto Nazareno and to clarify, once and for all, the issue of when one is barred from filing an impeachment complaint following the one-complaint-per-year rule.
The Roque and Butuyan Law Offices, the same group that filed an amended impeachment complaint against Arroyo in 2005, said Nazareno acted in grave abuse of discretion when he returned the Roque complaint, saying that it could not be treated as a supplement to the impeachment complaint filed by Iloilo Vice Governor Rolex Suplico against former elections commissioner Benjamin Abalos Sr.
Nazareno said that since the Roque complaint included Arroyo as a new party to the case, it was clearly a separate complaint and therefore required an endorsement from a House member. And besides, Nazareno added, the Suplico complaint was already moot and academic since Abalos is no longer in office. Roque however said that Abalos has not really resigned and is in fact only on terminal leave. And even if, assuming, he has resigned, the impeachment complaint is still valid since the constitutional provision on impeachment not only requires one’s removal from office, it also disqualifies one from holding any public office.
“It is not his job to determine the sufficiency in form and substance of an impeachment complaint. It is the job of the House Committee on Justice to do so,” the group argued. “It is ministerial on his part to transmit the documents to the Committee and not to determine whether the complaint satisfies the constitutional requirements.”
But the “root of all our woes,” Roque said, is the issue on impeachment proceedings. “Our contention is that what the Constitution prohibits is not the filing of multiple complaints, but the conduct of multiple proceedings. Multiple complaints may be filed while a single proceeding is being undertaken.”
The House members are debating on the issue of whether an amended or supplemental complaint to the earlier case filed by lawyer Roel Pulido, perceived to be a weak one, could be accepted. Arroyo allies maintain that an impeachment process is deemed initiated once a complaint has already been referred to the Justice Committee, as stated in the Supreme Court ruling on a case involving then Chief Justice Hilario Davide Jr.
“What we have now is a bastardized impeachment process; it has become a rat race of who files first, which is certainly not the intent of the Constitution,” the group said.
Roque’s group in 2005 filed before the Supreme Court a similar petition with Rep. Clavel Martinez as lead petitioner, which sought to nullify the House plenary decision to junk all three impeachment complaints against the President. During that time, the House voted to bar the amended complaint, which sought to supersede the defective Oliver Lozano complaint. Administration allies dismissed the amended version on the basis of the one-year rule. (Read related posts here and here.)
The Supreme Court has yet to decide on the Martinez case despite a petition from the Roque and Butuyan Law Offices in July 2006 for an urgent decision. Roque said they will be consolidating this pending case with the new petition to be filed next week.
In a Philippine Star article, House Minority Floor Leader Ronaldo Zamora said his group will also be submitting a new petition next week to force a decision on the Martinez case, in order to settle the issue when an impeachment process is deemed initiated.
“It’s a very restrictive ruling that House always invokes in blunting serious impeachment efforts,” Zamora said, referring to the one-year rule. “That is the root of the problem. Under this ruling even a toilet paper can serve as an impeachment complaint, and when referred to the committee on justice, can initiate an impeachment process and provide an impeachable officer a one-year protection from impeachment.”
Meanwhile, United Opposition spokesperson Adel Tamano will be filing a Motion for Reconsideration first with the Committee on Justice before filing a petition before the Supreme Court.
The justice committee returned the supplemental complaint filed by UNO because it was improperly filed. Under House Rules, a “verified complaint…shall be filed with the Secretary General.” Tamano filed the complaint with the committee last Monday.
Tamano however said that while the Rules is clear on filing a “verified complaint,” it does not mention any guideline on supplemental complaints. “I did not file a verified complaint so they have no legal basis to reject it.”
Should the committee deny his motion, Tamano said he will then file for a petition for certiorari with the Supreme Court for grave abuse of discretion.
The Committee on Justice will be starting its deliberations on the Pulido complaint Monday next week.
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2 people have left comments
the opposition made a mistake… when they filed the supplemental impeachment complaint, their accusations are things that happened after the pulido complaint was filed. logic would dictate that this is a new complaint, barred by the one year rule for impeachment cases. the complainants based their arguments on the rules of court. but guess what, this is not a judicial proceeding. they should have included things that pulido could have included but failed to do so. now that would be a supplemental complaint… what a bunch of losers.
[...] then, it may be that the absence of teeth is due to the Supreme Court, as the PCIJ reports here: Impeachment case brought to SC. digg_url=’http://www.inquirerbloggers.net/current/2007/11/12/house-den tists-reject-dentures/’; [...]