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Friday, March 29, 2024

‘Impeach-Duterte’ bid rejected

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THE House of Representatives’ committee on justice on Monday junked the impeachment complaint filed against President Rodrigo Duterte, with all 42 of the members present voting that it was insufficient in substance.

The committee, chaired by Oriental Mindoro Rep. Reynaldo Umali, said the complaint filed by Magdalo party-list Rep. Gary Alejano was sufficient in form but lacked substance because it relied on hearsay allegations against the President.

House Majority Leader and Ilocos Norte Rep. Rodolfo Fariñas subjected Alejano to intense grilling on the impeachment complainants’s verification of the complaint by asking Alejano if he would have personal knowledge of the accusations he hurled against President Duterte as cited in the impeachment complaint.

Fariñas said Alejano must be able to show he had personal knowledge of the allegations against the President otherwise lawmakers would be entertaining a “stupid impeachment complaint bereft of any probative value.”

Addressing Alejano, Fariñas said: “You stated under oath that your material allegations [are based on personal knowledge].  You said it all under oath and yet these are all hearsay allegations; you do not have authentic records,” Fariñas told Alejano.  

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Fariñas went through Alejano’s impeachment complaint and the supplement complaint to the impeachment line by line and said Alejano merely based his allegations on affidavits and testimonies of other persons such as self-confessed Davao Death Squad members Arturo Lascañas, Edgar Matobato and Senator Antonio Trillanes IV and newspaper accounts, such as online news reports and not on authenticated records.

“I have no personal knowledge as a witness but I have personal knowledge as a complainant based on the records,” Alejano said, adding that he went through the records thoroughly and he believed in them.

Fariñas made Alejano admit that he had no personal knowledge of the allegations by asking if he was able to witness all of these on his own.

Clearly, it’s not in his personal knowledge. That is the defect here… You are introducing statements under oath, these are not your own. These are all hearsay,” Fariñas said.

He also warned that Alejano could be facing perjury charges and an ethics case for submitting a flawed impeachment complaint.

In his defense, Alejano said his complaint was based on “authentic documents.”

I culled from important records including the news reports regarding the authentic records. I understand we are not here where we would present the evidence. There is no marking of evidence yet,” Alejano said.

REJECTED. Magdalo Rep. Gary Alejano ponders his next move  after  he gets raked over the coals before the House committee on justice which eventually decides to dump his impeachment complaint against President Rodrigo Duterte. Manny Palmero

My allegations are based on authentic records… In proper time we will present the authentic records, Mr. Chair,” Alejano added.

But Umali agreed with Fariñas, likening the impeachment to a case undergoing preliminary investigation before a prosecutor.

He said the impeachment complaint would be a “mere scrap of paper” should Alejano—being the complainant—fail to substantiate his allegations based on his personal knowledge. 

Similarly, 1-Sagip party-list Rep. Rodante Marcoleta told the panel that the complaint should not be allowed to prosper because it was based on newspaper accounts and electronic sources.

Considering this is a very important political process, we have to determine and dispose [of it] properly. I cannot find justification to continue because the admission itself is strong that the complaint does not rest on personal knowledge,” Marcoleta said.

House deputy speaker and Capiz Rep. Fredenil Castro said the ruling of the committee was expected because hearsay accounts are not allowed as evidence in any court of law.

If the committee will proceed hearing the complaint, we will be promoting hearsay evidence. We will be violating the very essence on what is the truth and right in any impeachment proceedings,” said Castro. “You cannot use falsity and hearsay in trying to remove someone from office. I move for the dismissal of the impeachment complaint.”

Malacañang welcomed the dismissal of the complaint, maintaining that the allegations were rehashed, trumped-up charges aimed at undermining the government.

Presidential Spokesman Ernesto Abella said, however, that the Palace had no hand in the junking of the impeachment complaint.

“The President respects a co-equal branch of government and does not interfere in the political exercise. Neither is he beholden to any group and he remains focused on governance,” he said.

Duterte’s lawyer, Secretary Salvador Panelo, said he was confident Alejano’s complaint would not prosper.

“As I have repeatedly said, the impeachment complaint will not reach first base because the allegations are based on hearsay. Others are outright false,” Panelo said. 

“The complaint is intended to besmirch the reputation of [the President] and to get the three minutes of fame for the complainant,” he added. 

Senate President Aquilino Pimentel III said the rejection of the impeachment complaint was expected, since Duterte had the numbers in the House of Representatives.

Impeachment is a mix of politics and law, so because President Duterte has many supporters in the House, we consider that [outcome] to be expected,” said Pimentel, who is president of Duterte’s party, the PDP-Laban.

At the same time, Pimentel said, he was sure the lawmakers had a legal basis for throwing out the complaint and urged the public to respect their decision.

Alejano said he would face the consequences of his action, after lawmakers criticized him for filing a flawed impeachment complaint.

“I am aware of the consequences  If they want to do it then should do it. I respect it, it’s their decision,” Alejano told reporters on the sidelines of the House committee on justice hearing on the impeachment complaint he filed against the President.

Alejano also welcomed the possible possible ethics complaint from his colleagues as warned also by Fariñas.

“They control the ethics committee. If they want to kick me out, that’s their decision. Just like what they’re doing right now to all enemies of the state,” Alejano said. With John Paolo Bencito and Macon Ramos-Araneta

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