First verified impeachment complaint against

President Aquino in the 16th Congress

Bayan SecGen et. al., complainants

Grounds for impeaching Aquino

• He culpably violated the constitution

– Usurped the powers of the legislature and

undermined checks and balances with DAP

• He betrayed the public trust

– Perpetuated and exacerbted the pork barrel

system

– Committed tyrannical abuse of power when he

usurped power of the purse

– Violated his oath of office to faithfully execute

the laws and preserve the Constitution

– Perpetrated technical malversation (Art. 220 of

the Revised Penal Code) when he realigned

funds and projects

– Committed corruption of public officers when he

approved release of projects to senator-judges

during and after CJ Corona’s impeachment trial

Culpable violation of the

Constitution for DAP

ADMISSIONS IN THE MEDIA AND HEARINGS

• Aquino illegally pooled at least P157 billion, and

at most P234 billion of appropriations as

“savings

• Aquino reallocated these to 116 projects worth

P144 billion.

ADMISSIONS IN THE SUPREME COURT

ACTS AND PRACTICES CONSTITUTIONAL PROHIBITION TOTAL AMOUNT

INVOLVED

Premature declaration

and pooling of “savings”

No transfer of appropriation P104.65 BILLION

Transfer of funds to

offices not under the

Executive

Real savings to augment

only items in their own

agencies

P393.70 MILLION

Spending public funds for

programs, activities and

projects not in the

appropriation law

No transfer of

appropriations

No money paid out of

Treasury except through

appropriation law

P1. 96 BILLION

Illegal use of

unprogrammed funds

No transfer of

appropriations

No money paid out of

Treasury except through

appropriation law

P16.74 BILLION

GRAND TOTAL P123.74 BILLION

When is there culpable violation

of the Constitution?

• There has been a violation of the

Constitution

– In impeachment, a public officer did or did not

do an act expressly provided in the Constitution

• The violation is culpable

– Knowingly, wilfully, intentionally

When is there betrayal of public trust?

• There is an oath of public office

• A public officer violates his oath and

demonstrates gross faithlessness against

public trust

• His acts demonstrate his unfitness for office

Possible defenses of Aquino

As to culpable violation through DAP

• Prematurity, or the non-finality of the

decision by the SC on the DAP case

• Exempting provisions of the Admin Code

• Good faith

• Beneficial effects of DAP; it pump-primed the

economy

Why do others question

impeachment?

• Divisive

• Fatigue

• Lesser of two evils

How will we proceed?

A citizen files a verified COMPLAINT, endorsed by a member of the House

COMPLAINT FILED with the HOR Secretary-General

The Secretary General refers it to the Speaker

Speaker includes it in official business

COMPLAINT REFERRED to the Justice Committee

Verification

1. I am the Complainant in the instant case that was

filed before this Honorable Tribunal.

2. I caused the preparation of the foregoing

Complaint for Impeachment.

3. I have read the said pleading.

4. I hereby aver that the allegations therein are true

and correct of

a. my personal knowledge or

b. based on authentic records.

Determination of form and substance

Sufficient

in form?

Sufficient in

substance?

DISMISS, return COMPLAINT to Secretary

General within three (3) session days

Secretary General to return COMPLAINT

and Committee Resolution to complainant

within three (3) session days

Send AQUINO a copy of the

complaints and require him

to answer within 10 days

YES

YES

NO

NO

• 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.

(Sec. 4, A, Rule III, RULES OF PROCEDURE IN

IMPEACHMENT PROCEEDINGS, 16th

Congress.)

• As clarified by the Supreme Court, when

questioned by Merceditas Guiterrez, this

means that standard is, if one assumes

hypothetically the truth of their allegations,

can valid judgment to impeach be rendered

thereon?

(Gutierrez v. HOR, G.R. No. 193459, February

15, 2011)

AQUINO files answer with affidavits, otherwise deemed general denial

Complainants file Reply within three (3) days otherwise answer deemed

controverted

AQUINO may file a rejoinder within three (3) days from receipt of Reply

Memoranda may be required after submission of evidence

Submission of evidence and memoranda

Determination of sufficient grounds

Sufficient

grounds?

DISMISS, submit report and formal reso

to the House within 60 days from referral

House can act upon the report: ACCEPT or

OVERRIDE ResolutionYES

NO

Proceed to HEARING

Presentation of prosecution witnesses

Presentation of defense witnesses

Determination of probable cause

With

probable

cause?

DISMISS, submit report and formal reso

to the House within 60 days from referral

House can act upon the report: ACCEPT or

OVERRIDE ResolutionYES

NO

Submit resolution with Articles of Impeachment

House must calendar within 10 session days

PLENARY VOTE IN THE HOUSE OF REPRESENTATIVES

Required vote: 1/3 of members or 97 reps

Committee

Reso

IMPEACH

DISMISS

Transmit Articles of

Impeachment to

Senate

Override?

DISMISS

YES

NO

Committee

must prepare

Articles of

Impeachment

anyway

THANK YOU.