The first is irreplaceable.
Thus stressed House Secretary General Roberto Nazareno in rejecting two supplemental impeachment complaints against President Arroyo yesterday.
Nazareno said that once the first complaint has been initiated, “it cannot be replaced, amended or supplemented.”
Nazareno returned the supplemental complaint of Iloilo Vice Gov. Rolex Suplico while Quezon City Rep. Matias Defensor, head of the House justice committee, refused to accept the “addendum” of lawyer Adel Tamano to Roel Pulido’s original impeachment complaint.
Nazareno added that Suplico’s complaint should have had an “endorser,” because it was filed originally against resigned elections chief Benjamin Abalos on Sept. 27 and listed Mrs. Arroyo only as co-respondent at the last minute. Abalos is on terminal leave until his retirement in February 2008.
Defensor, for his part, rejected the Tamano addendum, saying it should have been filed with the office of the House secretary general based on rules.
“It should have been filed before the secretary general lest they want it to be treated as a mere piece of paper. It must be filed and referred to avoid any questions later,” he told reporters.
But Nazareno said that even if the complaint were filed with him, “I would have rejected it. The one-year ban has taken effect.”
Malacañang said yesterday it was not surprised the complaint would be rejected.
“That was expected,” Press Secretary Ignacio Bunye told reporters. “They (complainants) knew the rules even before they did that (filing).”
Militant lawmakers like Teddy Casiño of Bayan Muna, Risa Hontiveros-Baraquel of Akbayan and private lawyers Harry Roque and Romel Bagares said Nazareno’s rejection was illegal.
“He has no authority to return it as his function is merely ministerial to receive it and refer it to the Office of the Speaker. It is the committee that has the power to return any impeachment complaint to its complainants after appropriate deliberations,” Casiño said.
Bagares said Nazareno’s action has “set the stage for a recourse” with the Supreme Court.
“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,” he said.
He added that “what we have now is a bastardized impeachment process” that has “become a rat race of who files first, which is certainly not the intent of the 1987 Constitution.”
“Flaws in the impeachment process are stacked up against those who wish to use it as the venue to go after President Arroyo,” Hontiveros said.
“Impeachment should lead to accountability. But as we have seen in previous impeachment attempts, the process has been distorted to strengthen the President. We don’t want a biased process that would only deepen her immunity,” she explained.
Hearing on Pulido case
Defensor said his committee would deliberate on Pulido’s complaint on Monday, Wednesday and Thursday next week.
He stressed that the three-page Pulido complaint is “not as weak as the opposition would like to portray.”
The senior administration lawmaker reiterated that based on Supreme Court ruling, a complaint is “deemed initiated” once it is referred to the justice panel for deliberations.
But Casiño said Defensor’s action showed he was not exercising impartiality.
“He’s so candid. As early as now, they are already announcing that they will dismiss it again. They don’t even care how bad it looks before the eyes of the people,” Casiño said.
Defensor said he believes that the two supplemental complaints plus the one civil society groups are planning to file next week will be automatically barred by the committee because of the one-year immunity of the President from another impeachment complaint.
Rat race
The impeachment procedure has degenerated into a rat race and has lost its veneer of sanctity, according to House minority leader Ronaldo Zamora.
“This has become a rat race. The one who files an impeachment complaint first has the advantage,” Zamora said over dzMM’s Ted Failon and Korina Sanchez program.
Zamora blamed the problem on the SC, which ruled more than five years ago in a case involving then Chief Justice Hilario Davide Jr. that an impeachment process is deemed initiated when the House refers the complaint to the committee on justice.
“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,” he said.
He revealed that members of his minority group agreed on Monday night to ask the SC next week to “revisit and reconsider this decision.”
“It’s a very restrictive ruling that House always invokes in blunting serious impeachment efforts,” he said.
He said there is a case pending in the high court questioning the 2005 decision of the House to dismiss the opposition-backed impeachment complaint against Mrs. Arroyo and to consider only the petition filed by Marcos loyalist lawyer Oliver Lozano.
“The case has been pending for more than two years now. We will submit a new petition next week to force a decision on this issue,” he said.
Davide faced impeachment in the 11th Congress in connection with alleged irregularities in the use of a judiciary fund administered by his son, who was employed in his office.
The SC stopped the House from considering a new complaint against Davide because a previous complaint had already been referred to the committee on justice and an impeachment process had already been “initiated.”
Many believe Davide would have been impeached had the tribunal not stopped the House from acting on the new complaint, which was backed by congressmen belonging to the Nationalist People’s Coalition and then detained former President Joseph Estrada.
Meanwhile, Lozano said the latest impeachment initiative against Mrs. Arroyo was “doomed from the start” because of lack of public support and disunity in the opposition.
“I see the impeachment doomed at the very start because of disunity and lack of support from the people,” Lozano told The STAR. He said he would file another impeachment case against Mrs. Arroyo.
“I will not stop doing my duty for the sake of God, country and people regardless of false accusation,” he said.
“The problem of the opposition is that they believed they have the monopoly in filing impeachment complaint against the President, they ignored the fact that impeachment is numbers game and also it needs to get the support not only from members of the House of Representatives but also from the people,” he said.
“The opposition should stop boasting they have the sole capacity and prerogative to file the complaint,” Lozano said.
Pampanga Rep. Aurelio “Dong” Gonzales, on the other hand, called on his colleagues to protect the President against new impeachment moves.
“The lawmakers’ support for the President is even stronger now for many reasons, among them the country’s economic gains and the greater political stability,” he said.
“It’s a relevant and timely call, and for Kapampangans I believe it’s the least we can do to show our support and solidarity with the President,” said Gonzales. - With Perseus Echeminada, Paolo Romero, and Ric Sapnu