Trillanes against Binay impeachment for fear of easy acquittal

MANILA, Philippines—Although dogged in exposing Vice President Jejomar Binay’s alleged crimes, Sen. Antonio Trillanes IV isn’t in favor of impeaching the vice president.

Trillanes said he feared Binay could influence the outcome of a political process such as impeachment in Congress.

That’s why Trillanes said would not encourage administration lawmakers to file an impeachment complaint against Binay, who is fending off corruption charges arising from the Senate inquiry into Makati’s allegedly overpriced carpark building.

“I’m discouraging the congressmen or whoever from pursuing this impeachment because it’s a political process. The vice president may use all the political means at his disposal to influence the impeachment,’’ he said in an interview by phone.

A member of the House or an ordinary citizen may file a verified complaint against impeachable officials, including the vice president. A one-third vote of all House members sends the complaint to the Senate for trial.

Sen. Antonio Trillanes IV. INQUIRER FILE PHOTO

The impeached official may be convicted by a vote of two-thirds of the 24-member Senate, or by 16 senators.

Trillanes, who initiated the inquiry into the P2.28-billion carpark built during Binay’s term as mayor, said the vice president needs only nine senators to vote for his acquittal.

At present, Binay could count on at least seven senators to acquit him, he said. These are minority senators Nancy Binay, the vice president’s daughter; Joseph Victor Ejercito; Vicente Sotto III; Gregorio Honasan III; Juan Ponce Enrile; and Jinggoy Estrada, plus Sen. Ramon Revilla Jr., Trillanes said.

Since they are detained while on trial for plunder over the pork barrel scam, Enrile, Estrada and Revilla could not vote, but their absence would work in Binay’s favor, he said.

“They need only to convince two more senators. So he’ll be acquitted politically,’’ he said.

In the Senate hearing, Binay has been accused of ordering the rigging of bidding to favor a contractor, and taking kickbacks from infrastructure projects. He has flatly denied these. He’s facing a plunder complaint over the carpark.

He was recently accused of owning a P1.2-billion, 350-hectare high-end farm in Rosario, Batangas, but his camp said he only leased nine hectares of the farm.

President Aquino’s political ally, Caloocan Rep. Edgar Erice, said he was considering filing an impeachment complaint against Binay for betrayal of public trust.

Sen. Miriam Defensor-Santiago said Binay betrayed public trust by refusing to fully respond to the corruption charges against him.

Justice Secretary Leila de Lima has ordered an investigation of anomalies in Makati involving Binay, his family and associates, saying that while the vice president was immune from suit, he wasn’t immune from investigation.

Trillanes, a former Navy officer who led the 2003 Oakwood mutiny, preferred that Binay be prosecuted criminally.

“Legally, the vice president should end up in jail for stealing billions of pesos at the expense of the people, or the people of Makati,’’ he said.

While the Constitution states that the vice president may be removed only by impeachment, Trillanes said he believes that Binay is not immune from suit.

“Let’s take it to the extreme. If you commit murder now in broad daylight in full view of everyone, what will happen to you? Are you exempted? Obviously not,’’ he said. “To use the same analogy: If he committed murder when he was mayor of Makati, and it was brought to light through a video that clearly showed him killing somebody, is he now free to roam the country and act like the vice president? I think we have a problem in that scenario.’’

Sen. Aquilino Pimentel III, chair of the Blue Ribbon subcommittee investigating the carpark, said the country’s vice president is immune from suit.

He said the President, vice president, Supreme Court justices and constitutional commission members may be removed only by impeachment because they have a full-time job and should not be distracted by anything.

But he agreed that while impeachable officials are immune from suit, they are not immune from investigation.

“So you can proceed with the investigation up to a point where you refrain from filing the actual information or pleading which will initialize the suit. You can only go up to there,’’ Pimentel, a lawyer, said by phone. “As soon as the immunity is lifted, you can file immediately.’’

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