Impeach raps vs Marcos sent to justice panel, triggers one-year ban

MANILA, Philippines — The two impeachment complaints against President Ferdinand Marcos Jr. have been sent to the House of Representatives’ committee on justice, effectively triggering the one-year ban.

During the session on Monday presided by Deputy Speaker Yevgeny Emano, the first complaint from lawyer Andre de Jesus and the second complaint from the Makabayan coalition were referred to the justice panel.

Initially, Makabayan feared that their complaint would not be included as among those that will be sent to the committee on justice, which means that only de Jesus’ complaint would be considered.

Under the 1987 Constitution, impeachment proceedings cannot be initiated “against the same official more than once within a period of one year.”

This means that if the complaints are referred to the House committee on justice, after being sent to the office of House Speaker Faustino “Bojie” Dy III, the one one-year ban will be triggered – meaning no other impeachment complaint can be filed against the same official for one year.

The Rules of the House of the 19th Congress, which were adopted by the 20th Congress, state that the Speaker is required to include a verified impeachment complaint in the Order of Business within ten session days from receipt of the document.

The complaint should then be referred to the House committee on justice within three session days.

The committee on justice is then tasked to “whether the complaint is sufficient in form.”

“If the committee finds that the complaint is insufficient in form, it shall return the same to the Secretary General within three (3) session days with a written explanation of the insufficiency,” Rule III, Section 4 of the House Rules state.

“The Secretary General shall return the same to the complainant(s) together with the committee’s written explanation within three (3) session days from receipt of the committee resolution finding the complaint insufficient in form,” he added.

If the panel finds the complaint sufficient in form, it will “determine if the complaint is sufficient in substance.”

“The requirement of substance is met if there is a recital of facts constituting the offense charged and determinative of the jurisdiction of the committee. If the committee finds that the complaint is not sufficient in substance, it shall dismiss the complaint and shall submit its report as provided hereunder,” the House Rules state.

“If the committee finds the complaint sufficient in form and substance, it shall immediately furnish the respondent(s) with a copy of the resolution and/or verified complaint, as the case may be, with written notice that the respondent shall answer the complaint within ten (10) days from receipt of notice thereof and serve a copy of the answer to the complainant(s),” it added.

Makabayan on Monday morning refiled their impeachment complaint after it was not accepted by the Office of the House Secretary General last Thursday, as Secretary General Cheloy Garafil was not in office.

Last January 19, lawyer Andre de Jesus filed the first-ever impeachment complaint against Marcos.  In his 14-page complaint, de Jesus mentioned six grounds for his complaint, which he said merits culpable violation of the Constitution, graft and corruption, and betrayal of public trust:

• Allegedly ordering and enabling the kidnapping and surrender of former President Rodrigo Duterte to the International Criminal Court
• Allegedly being a drug addict which impairs his judgment and leadership
• Alleged failure to veto unprogrammed appropriations and other unconstitutional provisions of the General Appropriations Bill for 2023, 2024, 2025, and 2026
• Allegedly benefitting from kickbacks arising from budget insertions and ghost flood control projects
• Allegedly creating the Independent Commission for Infrastructure to shield corrupt allies
• Allegedly violating the Constitution and betraying public trust for surrendering Duterte to the ICC

READ: Marcos faces impeachment over ‘Duterte kidnapping,’ flood control mess

However, there have been claims from several lawmakers that this impeachment complaint against Marcos is weak.  On Tuesday, Caloocan Rep. Edgar Erice said that the complaint “can easily be dismissed” due to it lacking form and substance.

READ: Several solons doubt impeachment complaint vs Marcos will prosper

According to Erice, only one of the six grounds mentioned by de Jesus — the issue on unprogrammed appropriations and its role in the infrastructure corruption scandal — merits a second look.

While the unprogrammed appropriation issue may be a possible ground for impeachment, Erice said de Jesus’ failure to attach sufficient documents to prove allegations might be fatal for the complaint, as the entire document only comprised 15 pages.

Makabayan’s complaint, on the other hand, focused on the existence of the “BBM Parametric Formula” — a Department of Public Works and Highways (DPWH) policy that stands for “Baselined-Balanced-Managed.”

The said forumal also makes use of the President’s initials when using his nickname, Bongbong.

READ: Makabayan impeach bid centers on ‘BBM Parametric Formula’

According to Makabayan, the BBM Parametric Formula “provided the justification for Presidential and Congressional infrastructure project allocations in the national budget” that was supposedly the “basis for kickbacks or commitments.” /jpv