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No. 48 - December 4, 2000
The Impeachment Facts
Amidst countless newspaper pages and hundreds
of air time devoted to discussions on President Joseph Estrada’s
impeachment trial, here are a few condensed facts regarding
the issue.
| • Only the President, Vice President,
Supreme Court members, the Members of the Constitutional
Commissions, and the Ombudsman may be removed from office
through impeachment. |
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• The grounds are culpable violation of the Constitution,
treason, bribery, graft and corruption, and other high
crimes or betrayal of public trust.
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• The House has exclusive power to determine
if there is probable cause to impeach or not. Under
the 1987 Constitution, a 1/3 vote (or 73 of the current
217 representatives—excluding Rep. Romeo Jalosjos)
is needed to affirm an impeachment case.
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• It could be initiated by any member of the
House of Representatives or by any citizen endorsed
by a representative. In case the complaint or resolution
is filed by 1/3 of the House members, it shall automatically
constitute the Articles of Impeachment. Otherwise, the
complaint would have to go to the House Committee on
Justice tasked to handle public hearings which will
submit a report within 60 days.
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• An impeachment case for the same official can
be filed only once a year.
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On 13 November, Speaker Manuel B. Villar Jr.
directed the Secretary General to immediately transmit the
Articles of Impeachment to the Senate. The Senate is expected
to try the accused and judge the impeachment case based on
substantial evidence. Since the President is on trial, the
Chief Justice presides over the trial but will not vote. It
will take a 2/3 vote of the Senate for conviction.
Pursuant to the provisions of Article XI (Accountability
of Public Officers) of the Constitution, Reps. Heherson T.
Alvarez (Isabela-4th) and Ernesto F. Herrera (Bohol-1st) together
with 12 socio-civic organizations and 40 congressmen, filed
a complaint for impeachment on 18 October against President
Estrada. The president is accused of committing bribery, graft
and corruption, betrayal of public trust, and culpable violation
of the Constitution. In case of indictment, the president
will be removed from office and disqualified to hold any office.
Consequently, he would be liable and subject to prosecution,
trial, and punishment according to law.
Four articles of impeachment
Bribery
According to an affidavit made by Ilocos Sur Governor Luis
C. Singson, the president received P10 million a month as
bribe money from jueteng lords since November 1998 to August
2000.
Graft and Corruption
The President allegedly requested or received P130 million
out of the P200 million released by Budget Secretary Benjamin
Diokno allocated under RA 7171. Furthermore, he allegedly
participated in a real estate business through a family-controlled
corporation, which constructed 36 townhouses in Vermont Park,
Executive Village, Antipolo City.
Betrayal of Public Trust
He unduly intervened in the Securities and Exchange Commission
investigation of a stock market scam on behalf of a presidential
crony; he defended his son, Jinggoy Estrada, when the latter
had trouble with some doctors at the Cardinal Santos Memorial
Hospital on 30 July 1999; he defended another son, Jude Estrada,
who flew a government plane to Cagayan de Oro at government
expense. He allegedly left the hotel without paying the bills
worth P60,000.
He allegedly appointed a cousin, Cecilia de
Castro, as presidential assistant. The President denied knowing
her in the wake of the textbook scam in 1998. Another is the
appointment of brother-in-law, Captain Rufino F. Pimentel,
as PAGCOR director. Also a brother-in-law, Raul de Guzman,
was appointed member of the Board of Regents of the University
of the Philippines. De Guzman’s son was also appointed
as presidential consultant on environment and water.
The Philippine Center for Investigative Journalism
has reported that there are 66 corporate records wherein President
Estrada, his wife, mistresses and children are listed as incorporators
or board members. Thirty-one of these companies were set up
during Estrada’s vice-presidential tenure and one when
he assumed the presidency. Based on the 1998 and 1999 financial
statements, 14 of the 66 companies have assets of over P600
million.
The First Lady, Mrs. Loi Ejercito, registered
with the Securities and Exchange Commission on 15 October
1998 her private foundation—the Partnership for the Poor
Foundation, Inc. which provides relief and livelihood to the
poor. A few months after its incorporation, the foundation
received P100 million from the Philippine Charity Sweepstakes
Office as donation. The donation far exceeded the PCSO’s
combined donation of P65 million to regular beneficiaries
like orphanages and hospitals. The complainants consider this
a conflict-of-interest. The donation of government funds to
the private foundation of the First Lady was also found to
have been delivered to their legal residence in San Juan.
Culpable Violation of the Constitution
The President allegedly ordered: the retrieval of luxury cars,
sardines and clothing; turned over 52 luxury vehicles to Malacañang
for distribution to Cabinet members and senior officials;
and appointed certain members of the Cabinet, their deputies
or assistants to multiple positions.
For the Record
House on Fire
The resumption of sessions in Congress on 13 November marks
a series of historic events in both chambers that would be
critical in the accounts that will follow in the impeachment
trial of President Joseph Estrada. With House Speaker Manuel
Villar bolting the Lapian ng Masang Pilipino (LAMP) coalition,
unforgiving administration solons made sure of his ouster
as head of the House. But not before Villar was able to declare
the endorsement of 115 congressmen of the articles of impeachment
in a sweeping moment following his invocation at the resumption
of sessions. President Estrada is the first Philippine President
to be impeached by Congress on charges of bribery, graft and
corruption, betrayal of public trust, and culpable violation
of the Constitution.
In the evening of the same day, President Estrada’s
allies succeeded in a coup against Villar, with 115 congressmen
voting for his unseating and only 97 who were against the
move. The position was fought over by Congressmen Villar,
Arnulfo Fuentebella (3rd district, Camarines Sur), Danilo
Suarez (3rd district, Quezon), and Agapito Aquino (2nd district,
Makati City). Fuentebella won with a vote of 114. Villar garnered
93 votes, Suarez got 19 votes, and Aquino 16.
Senate Scenes
With Senate President Franklin M. Drilon similarly resigning
from the LAMP coalition, a majority of senators expressed
a lack of confidence in him, putting in his place Senator
Aquilino Q. Pimentel, Jr. Thirteen senators voted for Pimentel
(Senators Tessie Aquino-Oreta, Anna Dominique Coseteng, Juan
Ponce-Enrile, Gregorio Honasan, Robert Jaworski, Blas Ople,
Miriam Defensor-Santiago, John Osmeña, Sergio Osmeña
III, Aquilino Pimentel himself, Ramon Revilla, Vicente Sotto
III, and Franciso Tatad) while six (Senators Loren Legarda-Leviste,
Ramon Magsaysay, Jr., Raul Roco, Franklin Drilon, Renato Cayetano,
Juan Flavier) voted for Senator Teofisto Guingona, Jr. Two
abstained (Senators Guingona and Rodolfo Biazon), while Sen.
Robert Barbers was absent.
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