Congress not shielding Desierto, says Albano

The House of Representatives is not shielding Ombudsman Aniano Desierto in revising its rules on impeachment, a ranking member of the chamber said yesterday.

"No, we are not protecting the Ombudsman. The rules are for everybody, every impeachable official," said Rep. Rodolfo Albano (Lakas, Isabela), a member of the House contingent in the powerful Commission on Appointments.

Desierto is facing an impeachment complaint for alleged bribery, violation of the Constitution and betrayal of public trust. He denies the accusations.

Albano said he and his colleagues are complying with the constitutional requirement that they adopt their rules on impeachment.

He was reacting to a comment from lawyer Ernesto Francisco, the complainant in the impeachment case against Desierto, and congressmen who have endorsed the complaint that the adoption of the proposed impeachment rules would result in the dismissal of the case even without hearings.

Francisco told a news conference last Friday that the impeachment rules have been revised "in such a way that congressmen will have basis to throw out my complaint."

He said under the proposed new rules, the committee on justice would not only determine the sufficiency in form and substance of a complaint but would also assess whether there is a "prima facie case of the wrongdoing charged based on the complaint and its attachments."

This means that the committee would be empowered to dismiss a case even without conducting hearings on the excuse that there is no prima facie or solid case of wrongdoing against the accused, he said.

Francisco also said the proposed rules lengthen the period within which the House is to decide on an impeachment case from 83 session days to 113 session days.

He said since congressmen hold sessions for only three days a week or 12 days a month, it would take about 10 months for them to vote on a complaint.

"And since Ombudsman Desierto is retiring in August next year, the House can just sit on my complaint and it would become moot and academic," he said.

On Thursday, Rep. Oscar Moreno (Lakas, Misamis Oriental) criticized the proposed impeachment rules.

He said under the draft rules, the impeachment process would be more complex and difficult than it was last year, when the House impeached ousted President Joseph Estrada.