Binay may be impeached for past offenses–admin solon

Vice President Jejomar Binay. CDN FILE PHOTO/JUNJIE MENDOZA

MANILA, Philippines — It is possible for Congress to lead the impeachment proceedings against Vice President Jejomar Binay over alleged corruption even at the time he was not yet an impeachable officer, an administration ally and veteran lawyer said.

In a statement, Cavite Representative Elpidio Barzaga of the National Unity Party said under Supreme Court jurisprudence, Congress has the authority to impeach an impeachable officer regardless of the period the alleged impeachable act was committed.

He said in the Francisco vs. The House of Representatives, the high court ruled that the determination of an impeachable offense is a “purely political question which the Constitution has left to the sound discretion of the Legislature.”

“Hence, based on the Francisco ruling, it is up to Congress to determine if the acts committed constitute an impeachable offense, which may include the period which said offense was committed,” Barzaga said.

Some solons had argued that impeaching Binay over the allegedly overpriced Makati parking building may not be possible because the allegations supposedly happened when he was Makati mayor, which is not an impeachable officer

“We are all advocates of the law. There is one legal opinion that he’s still an impeachable officer, there is also another that the alleged offense was committed at the time he was not an impeachable officer,” Liberal Party stalwart Iloilo City Representative Jerry Treñas had said.

Under the rules, impeachable officers only include the President, Vice President, members of the Supreme Court, the Ombudsman, and members of constitutional commissions.

Barzaga also said the United States Constitution, from which the country’s Charter was based from, does not limit impeachment for acts committed during the incumbency of the public officer.

The Philippine Constitution also does not say the offense must be committed during the term of the officer, Barzaga said.

“The Philippine Constitution has its origin from the United States Constitution, including the removal from office through impeachment. Consequently, on issues pertaining to the impeachment process, resort must be made to American jurisprudence on the matter,” Barzaga said.

Barzaga also said Binay may be impeached for acts allegedly committed during his incumbency as Vice President – among them, the alleged use of Makati funds by Binay for his vice presidential campaign in 2010, as well as his purported failure to declare his properties in Batangas and Tagaytay in his Statement of Assets and Liabilities Net worth (SALN).

In a Senate probe, former Makati vice mayor Ernesto Mercado had said that he personally delivered kickbacks from Makati’s infrastructure projects to Binay’s family. He said some of the funds were used for Binay’s campaign kitty in 2010.

Barzaga said only the President, and not the Vice President, has immunity from suits under jurisprudence.

“The vice presidency, in practical terms, is not a crucial office. It also does not embody a branch of government as the Chief Executive inherently does. When the reason for the immunity does not exist, then immunity cannot be invoked,” he said.

Another Liberal Party stalwart Caloocan Representative Edgar Erice first floated the idea of impeaching Binay over the corruption charges exposed by Mercado, who had also blown the lid on the supposed overpriced Makati parking building.

Binay and his son, current Makati Mayor Junjun Binay, face a plunder complaint before the Ombudsman for allegedly raking in kickbacks from the overpriced Makati building when the vice president was mayor in 2007.

Senator Miriam Defensor-Santiago had also said in her personal opinion, Binay cannot avoid impeachment because of the alleged offenses he committed in the past.

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