Lawmakers weigh options on impeach moves

MANILA, Philippines — Lawmakers are studying the possibility of filing an impeachment complaint against President Aquino for his actions in implementing Oplan Exodus, citing the widespread public clamor to hold him accountable for the deaths of 44 police commandos and five civilians during the operation to arrest two international terrorists in Mamasapano, Maguindanao last Jan. 25.

Senior administration lawmakers, however, dismissed such moves, saying elections are fast approaching and an impeachment complaint could distract Congress from acting on urgent socio-economic measures.

Reps. Jonathan de la Cruz of the Abakada Guro party-list group, Neri Colmenares of Bayan Muna and Terry Ridon of the Kabataan party-list said there was no doubt that Aquino committed impeachable offenses when he broke the chain of command of the Philippine National Police and continued to give orders to then suspended PNP chief Director General Alan Purisima, according to the report of the Board of Inquiry (BOI).

“We are looking at the exact possible charges that can be filed in the impeachment complaint because there must be accountability. His incompetence, negligence and even arrogance led to the loss of lives in Oplan Exodus,” De la Cruz told The STAR, referring to the secret operation to arrest Malaysian bomb maker Julkifli bin Hir, alias Marwan, and his Filipino cohort Basit Usman.

The police Special Action Force (SAF) commandos killed Marwan but Usman escaped.

The SAF troopers later encountered Mulsim rebels that resulted in the killing of 44 policemen, 18 rebels and several civilians.

“As of now, the only sanction that can be imposed is impeachment, because he’s immune from any lawsuit while still in office,” he said.

The lawmaker said he and his colleagues, who are also considering filing an impeachment complaint against Aquino, would also focus on the reported cover-up being done by the administration based on the conflicting statements of Aquino and testimonies of other officials, as well as the actions they took after the Mamasapano incident.

“This is like the Nixon doctrine, What information did you have? When did you receive it? How did you act on it?” he said, adding that the late US President Richard Nixon was not impeached in the 1970s because of the break-in at the headquarters of his political opponents at the Watergate complex in Washington, but the actions he did to cover up the scandal.

If proponents will insist on filing an impeachment complaint, they will, however, have to wait until August, owing to the one-year ban provided for in the Constitution.

Militant lawmakers in August last year filed an impeachment complaint against Aquino in the House of Representatives over the Disbursement Acceleration Program (DAP) case.

Ridon said he is willing to wait for August in filing the complaint, adding Aquino committed culpable violation of the Constitution and betrayal of public trust in calling the shots in Oplan Exodus.

“I think the 109 signatories that we have calling for the resumption of the congressional inquiry on the Mamasapano incident can be converted into impeachment votes,” Ridon said.

Colmenares said the offenses were impeachable in nature but preferred to support calls for Aquino to resign.

“He broke the chain of command, he allowed time on target. He said he ordered coordination but was not clear when and how, so these created problems. But, for me, impeachment is not on the table or an option at this time,” Colmenares said.

Impeachment will not prosper

House leaders closed ranks and maintained that any impeachment complaint against Aquino will not prosper.

Cavite Rep. Elpidio Barzaga said there is no basis for any complaint.

“What crime did he (Aquino) commit anyway? And let’s ask ourselves whether we really want this because it will send mixed signals to investors. Let’s think of the national interest,” Barzaga told The STAR.

He said by August, the House will be busy deliberating on the proposed budget for 2016 and the filing of the certificates of candidacy for the elections will be on October.

Majority Leader and Mandaluyong City Rep. Neptali Gonzales Jr. was also skeptical of impeachment plans.

“Let’s wait and see,” Gonzales said.

Marikina City Rep. Romero Quimbo said his colleagues in the opposition sound too optimistic in their plan.

“Betrayal of public trust means one has committed something really serious, like treason or bribery or other high crimes that are all against the will of those who voted for him,” Quimbo said. “What they’re doing is just propaganda.”

He said by design, the Office of the President, the Office of the Vice President and other constitutional offices are practically impenetrable to allow their heads to function while in office.

Vice President Jejomar Binay refused to comment on the contents of the BOI report on the Mamasapano clash that noted President Aquino’s failure to follow chain of command.

“I have yet to read it,” Binay told reporters during the alumni homecoming of the Philippine National Police Academy (PNPA) in Silang, Cavite yesterday.

“I have to look at the basis of the statement saying that he (Aquino) broke chain of command,” he added.

But when asked about the growing calls for Aquino to resign, the Vice President – who in the past repeatedly re-affirmed his support to the administration – merely chuckled.

During his speech before alumni of the PNPA, Binay mentioned the release of the report but stopped short of tackling its contents.

Sen. Nancy Binay, who accompanied the Vice President, likewise declined to comment on the contents of the report, saying she has yet to read it.

“It’s a first step in our struggle to find justice for the slain SAF personnel,” she said in Filipino.

Some relatives of the slain SAF personnel who attended the homecoming to receive the recognition bestowed upon their deceased kin, also refused to comment on the BOI report, saying they have yet to read it.

Palace cool on Truth Commission

Malacañang is not keen on creating a Truth Commission to investigate the Mamasapano encounter because there are already several bodies doing their respective inquiries to determine exactly what happened on that fateful day.

Some lawmakers insisted that a commission be formed, arguing that the Board of Inquiry report by the PNP was incomplete.

But deputy presidential spokesperson Abigail Valte asked for public patience yesterday, saying everyone should wait for the results of several ongoing investigations into the incident.

Valte said over radio dzRB that eight institutions were doing their own separate inquiries and their findings could answer questions lingering in the minds of the public.

Among those doing the probe are the Senate, the House of Representatives, the International Monitoring Team, the Department of Justice and the Commission on Human Rights.

The Moro Islamic Liberation Front (MILF) said it was also conducting its own inquiry over the incident.

Valte also argued that if a Truth Commission would be formed and its members would be appointed by President Aquino himself, it would still not satisfy everyone.

Navotas Rep. Tobias Tiangco, interim president of the opposition United Nationalist Alliance (UNA), expects President Aquino to take steps to cover up his administration’s wrongdoings to ensure that he will be protected from various lawsuits when he steps down from office next year.

Tiangco said Aquino will try to avoid the fate of his predecessor, Pampanga Rep. Gloria Macapagal-Arroyo, who is detained at the Veterans’ Memorial Medical Center in Quezon City on plunder charges.

“It is only after his term ends in 2016 that the public will know the extent of the President’s many unconstitutional acts he did in office like DAP (Disbursement Acceleration Program), and his liability in the Mamasapano operation since he is immune from suit right now,” Tiangco said.

He said the administration will do everything to put its allies in key posts in government before 2016 and “ensure that Aquino’s lackey will be President as this is the only way for Aquino’s legal liabilities to be covered up beyond 2016.”