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Adia

PostPosted: Thu Jul 28, 2005 7:47 pm


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PostPosted: Thu Jul 28, 2005 7:50 pm


House won’t allow ‘creeping’ impeachment

The Philippine Star 07/29/2005

The House of Representatives will not allow the "creeping" impeachment process sought by opposition congressmen who failed to obtain the needed votes to send their amended impeachment complaint directly to the Senate for trial.

"We will not allow that. The rules on impeachment that we are discussing will not allow that because that is not sanctioned by the Constitution," Majority Leader Prospero Nograles told The STAR yesterday.

Under the "creeping" process envisioned by impeachment petitioners led by Minority Leader Francis Escudero, they would be allowed to gradually gather 79 signatures, or one-third of all House members, to send the amended complaint to the Senate while the committee on justice is conducting hearings.

When they filed the complaint last Monday morning, opposition lawmakers had only 41 signatures, prompting Speaker Jose de Venecia Jr. to refer the petition to the justice committee instead of to the Senate. One more signature was added in the afternoon.

Nograles shared the view of former Arroyo Cabinet member and Maguindanao Rep. Simeon Datumanong, chairman of the justice committee, on when the 79 signatures could be utilized.

He said the Constitution clearly provides that if an impeachment complaint is endorsed by one-third of all House members at the time it is filed, it could be sent directly to the Senate.

He said once the petition is referred to the committee on justice, those signatures no longer matter.

The 79 endorsers would be needed again when the committee submits its report to the plenary session, in which one-third of all members are required to affirm or overturn the committee recommendations, he said.

"The petitioners cannot shortcut the process in the committee by coming up with 79 signatures. The committee will have to finish its job and present its report to the plenary," he added.

Nograles pointed out that debates over the "so-called creeping process" are unnecessary "since the opposition is having difficulty gathering even 50 or 60 signatures."

"They cannot even convince some of their colleagues to sign their amended complaint," he said without naming names.

Seven members of the minority have not signed the petition. They are Representatives Luis Asistio and Oscar Malapitan of Caloocan, Antonio Serapio of Valenzuela City, Vincent Crisologo of Quezon City, Baisending Dilangalen of Maguindanao, Benjamin Agarao of Laguna and Rene Magtubo of the party-list group Partido Manggagawa.

Only one of the seven, Agarao, has agreed to affix his signature on the complaint.

Most of the 33 members of the Liberal Party are also wavering on signing the petition. Only nine LP congressmen led by Deputy Speaker Benigno "Noynoy" Aquino III have endorsed the complaint.

The Liberal Party, which is headed by Senate President Franklin Drilon, has taken a stand calling for Mrs. Arroyo’s resignation and for her impeachment if she refuses to step down.

Aquino, however, said he was hopeful that all of his LP colleagues, save for seven "Arroyo loyalists," would sign the complaint.

Wavering, too, are members of the Nacionalista Party. The NP, led by Sen. Manuel Villar Jr., still has to take a stand on the Arroyo impeachment issue.

In planning to resort to a creeping impeachment process, Escudero and his colleagues are invoking the precedent set in the case of ousted President Joseph Estrada.

They said that fewer than 20 opposition congressmen filed the complaint against Estrada.

But when they mustered the needed number, then Speaker Villar transmitted the complaint directly to the Senate on Nov. 13, 2000 without waiting for the committee on justice to submit its report, they said.

If and when they are able to gather 79 signatures and the House refuses to transmit the amended complaint to the Senate, the opposition plans to bring the matter to the Supreme Court.

Commenting on the Estrada precedent, Albay Rep. Edcel Lagman, who is defending the proposed impeachment rules in plenary debates, said the opposition could not invoke it "because it is not consistent with the Constitution."

He said De Venecia should wait for the justice committee’s report and have the vote in plenary session before sending the impeachment case to the Senate for trial.

"Settled is the rule that a void precedent is no precedent at all and a wrong cannot be righted by another wrong. A void act like in the Erap impeachment process cannot be reincarnated to validate a subsequent or projected wrong," said the former activist lawmaker who is now an Arroyo ally.

The House failed to approve the proposed impeachment rules last Wednesday for lack of quorum.

That prompted Rep. Joel Villanueva of the party-list group Citizens Battle Against Corruption to denounce the alleged lack of interest of Mrs. Arroyo’s allies in approving the rules.

Had they been interested, they should not have left the session hall until debates on the rules had been finished, he said.

In a related development, Datumanong said his committee would start tackling the original and amended petitions against President Arroyo on Aug. 9, assuming that the House will have approved its impeachment rules by Wednesday next week.

He said the panel would start with debates on the form and substance of the complaints before requiring Mrs. Arroyo to answer.

The President, however, has already answered the original complaint filed by lawyer Oliver Lozano. pirate

Adia


Adia

PostPosted: Thu Jul 28, 2005 7:52 pm


32 House members mount anti-Cha-cha campaign
By Jess Diaz And Marvin Sy
The Philippine Star 07/29/2005

Thirty-two House members launched a campaign yesterday to block President Arroyo’s renewed Cha-cha (Charter change) initiative.

But another group of congressmen, mostly from Mindanao and Visayas, launched what they called the Movement for a Federal Philippines (MFP).

Senators also called on the government yesterday to stop pushing for Charter change at this time and focus its attention on the economy and the upcoming barangay polls.

Sen. Manuel Roxas II expressed concern that if Malacañang insists on prioritizing Charter change, the progress the government has made in getting the economy back on track could be derailed.

In her State of the Nation Address (SONA) last Monday, the President said she is pushing for amendments to the Constitution to pave the way for a parliamentary form of government.

The 32 congressmen, led by Satur Ocampo of the militant party-list group Bayan Muna, filed a resolution in the House declaring that Cha-cha at this time of political crisis "is neither necessary nor beneficial to the country and may only complicate and worsen the current political situation."

They said Cha-cha is intended "to buy time for the President, distract Congress from the impeachment process and provide Mrs. Arroyo with a graceful exit from the political crisis."

"It is important to settle the issue of the President’s resignation or impeachment first in order for any Charter change proposal to be credible, meaningful and effective," they said.

They added that besides the impeachment process, the time and effort of lawmakers could better be spent on addressing urgent national concerns such as poverty, joblessness and the ballooning debt.

Besides Ocampo, 11 of the 32 authors of the resolution are party-list representatives, while the remaining 20 are House members elected from congressional districts.

Twenty-five of the authors are signatories of the amended impeachment complaint against Mrs. Arroyo.

Ten congressmen led by Juan Miguel Zubiri of Bukidnon, joined by former University of the Philippines president Jose Abueva and Dean Amado Valdez of the University of the East College of Law initiated the MFP.

Zubiri said federalism could be the key to the economic progress and political stability of many of the country’s regions.

"Mindanaons will no longer consent, nor stand idly by and do nothing, as imperial Manila continues to dictate upon us the fate and destiny of our President and in matters affecting the fiscal autonomy of all provinces," he said.

He said they would vigorously campaign for amending the Constitution to bring about a federal form of government.

Other allies of the President batted for more enlightened Cha-cha debates focusing on issues rather than on the embattled Arroyo presidency.

In a joint statement, Representatives Exequiel Javier of Antique and Jesli Lapus of Tarlac lamented that proposals to amend the Charter had already been linked to the President’s political survival or the expected political comeback of former President Fidel Ramos.

They said Charter change should be dissociated from political personalities "since at stake here is the nation’s future and not the survival of any particular political leader."

They said it is important that Cha-cha proponents should inform the people of the real issues so the constitutional amendment initiative won’t be tied to the raging political crisis. Other Priorities
Credit rating agencies initially gave positive marks to the Philippine economy after the enactment of the expanded value-added tax law but have remained cautious because of the political crisis Mrs. Arroyo is facing. The EVAT law remained suspended until the Supreme Court issues a ruling on its constitutionality.

"In 2004, the country suffered an economic downturn until Congress passed the tax reform measures to rescue the ailing economy. We were on the road to recovery then with the credit rating agencies already signaling a positive outlook for the country," Roxas said.

He said the Arroyo administration should prioritize the 2006 national budget, which is set for deliberation in Congress next month, so the legislature can adopt fiscal measures that respond to the needs of the people.

"The budget for the year 2004 was reenacted due to lack of time for Senate to pass a new one. Last year, the Senate passed the budget in January since the House (of Representatives) was delayed in submitting it to the Senate," Roxas said.

He pointed out that there are indicators that reveal a correlation between a political crisis and the economy.

A former trade secretary, Roxas said the prices of canned goods are expected to go up by 15 to 25 centavos due to the increase in price of tin in the world market.

The price of processed milk has also increased by P1, flour by P10 and cement by P3. The peso has fallen to P56 to $1 and the benchmark 91-day T-bill rate climbed to 5.63 percent from 5.452 percent last Tuesday.

Roxas said the government pays an additional P6.2 billion in interest for every one-percent hike in the interest rates.

"The economic indicators should warn the present administration that the economy is being adversely affected by the political rumblings," he said.

In order to show that the administration is focused on meeting its economic goals as stated during Mrs. Arroyo’s SONA, Roxas called on the President’s newly appointed economic managers to exercise fiscal discipline and to present a clear-cut definition and execution of economic programs.

Senate President Franklin Drilon also highlighted the importance of a new budget for the next fiscal year so that new projects could be financed.

Although admitting that a reenacted budget could take place again because of the looming possibility of an impeachment trial for Mrs. Arroyo, Drilon said that it is always preferable to have a new budget.

"Although it has happened in the past that budgets were reenacted, I don’t think it will do us any good to follow that practice of having reenacted budgets," he said.

Drilon pointed out that a reenacted budget would "provide leeway to the government insofar as its expenditures are concerned."

The Department of Budget and Management (DBM) has proposed a working budget of P1 trillion for 2006 and the President is expected to submit this to Congress within 30 days.

On the other hand, Sen. Richard Gordon said the government should immediately address the issue of the barangay and Sangguniang Kabataan (SK) elections.

He said a law deferring the barangay and SK elections should be passed right away since the national government does not have the funds needed for this purpose.

With the barangay and SK polls scheduled for Oct. 31, Gordon said both the Commission on Elections and the DBM admitted they do not have the funds to conduct the electoral exercise because the 2005 budget has no allocation for this.

"In spite of the uncertain political climate right now, government should not be put on hold. We in the legislature still have important pieces of legislation to pass," he said.

Gordon pointed out that the law provides for the hold-over of the incumbent barangay and SK officials until the next elections so there would be no disruption in the delivery of basic services. pirate
PostPosted: Thu Jul 28, 2005 7:54 pm


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Adia

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