Truant lawmakers in impeachment hearing face arrest

MANILA, Philippines – The House justice committee may resort to arresting absentee lawmakers to ensure quorum in the hearings on the impeachment case against Ombudsman Merceditas Gutierrez.

“The (justice) committee is not without power to address this problem. We can order the sergeant-at-arms to bring these congressmen bodily to the panel to attend the hearings,” committee chair Quezon City Rep. Matias Defensor said at the weekly Ayes and Nays forum.

The panel chairman disclosed that he has discussed the matter with Speaker Prospero Nograles, who gave assurances that panel members would attend the second impeachment hearing on May 5.

A lack of quorum forced the adjournment of the hearing last Tuesday on the impeachment case.

Only 23 of the needed 28 members showed up to attend the proceedings. This figure is the “absolute majority” required, out of the 55 regular members, whenever voting is needed.

Nueva Ecija Rep. Edno Joson, an independent lawmaker, agreed with the position taken by Defensor that an absolute majority is required whenever voting is called, contrary to statements made by militant lawmakers.

“The committee needs an absolute majority of its 28 regular members,” Joson pointed out.

Defensor said it is only now that this issue was raised, because in past impeachment hearings, like those of President Arroyo, an overwhelming majority showed up.

“That issue never cropped up because the attendance was always 100 percent. It’s a given, we all know that we need absolute majority. This is neither a new nor a vague ruling. They can check it out with the records at the justice committee,” he stressed.

Defensor likewise challenged the opposition bloc, through Anakpawis Rep. Rafael Mariano who attended the same forum, to raise the needed 88 votes, or one-third of the current 263 House members, so that the complaint would be sent directly to the Senate for trial.

Only 25 of the new 32 party-list congressmen have been sworn in. There are 238 House members at present. 

Bayan Muna Rep. Teddy Casiño himself acknowledged the absolute majority, but protested nonetheless. “While it is ideal, it is not required under the rules. This may be subject to sabotage where mere absence of congressmen will not hold the impeachable official liable.”

Another critic of Gutierrez, Rep. Joel Villanueva of the Citizens Battle against Corruption, called the quorum issue “overkill.”

“It’s still jump ball and they already have a score and the game is about to end. How can we make impeachable officers accountable?”

“It’s funny, they don’t know the mathematics for the quorum the justice committee requires. They’ve been changing the rules right from the start,” Rep. Liza Maza of the women’s group Gabriela said in Filipino.

Rafael Mariano of Anakpawis said Defensor showed his partiality with his insistence that even in determining whether the impeachment complaint has form and substance, an absolute majority is required.

Risa Hontiveros of Akbayan said administration lawmakers appear worried that many of their allies might consider the impeachment complaint against Gutierrez sufficient in form and substance.

At Malacañang, a Palace official said President Arroyo is not affected by the impeachment complaint faced by her ally Gutierrez.

Secretary to the Cabinet Silvestre Bello III said the President respects the independence of Congress and its processes.

Bello reiterated that the impeachment complaint against Gutierrez should not be tainted by any personal or political motives.

“The best approach is to look at the complaint on its face value. If it’s supported by evidence then take it as a valid complaint. Otherwise just take it as a mere scrap of paper,” he said. – With Marvin Sy