Third impeach complaint vs Noy filed

MANILA, Philippines - A third impeachment complaint against President Aquino was filed yesterday with the House of Representatives by members of militant groups, including two former lawmakers.

Former Bayan Muna congressmen Satur Ocampo and Teddy Casiño, Carol Araullo of Bagong Alyansang Makabayan and George San Mateo of drivers’ group Piston led the third batch of complainants.

Representatives of human rights watchdogs Selda and Karapatan also signed the new complaint, which is based not only on the administration’s Disbursement Acceleration Program (DAP) but also on the Expanded Defense Cooperation Agreement (EDCA) the country signed with the United States last March.

Representatives Antonio Tinio of Alliance of Concerned Teachers and Emmi de Jesus of Gabriela signed as endorsers.

The two, together with those who endorsed the first two impeachment complaints filed last Monday and Tuesday, belong to the Makabayan bloc headed by Ocampo.

Ocampo told reporters that their complaint charges Aquino with culpable violation of the Constitution and betrayal of public trust for entering into an expanded defense cooperation arrangement with the US.

“That agreement clearly violates the Constitution, which prohibits the basing of foreign military facilities and troops here,” he said.

He said EDCA calls for the construction of US military facilities in the country and the presence on a rotational basis of American troops.

He said the rotational assignments would constitute permanent presence of foreign troops.

In endorsing the third impeachment complaint, Tinio said Aquino “surrendered national sovereignty, compromised our territorial integrity, and prejudiced the national interest” in EDCA.

“He has opened the door to the return of US military bases without seeking Senate concurrence and popular affirmation through a plebiscite. EDCA is essentially a basing agreement,” he said.

EDCA “is prejudicial to the national interest and grossly lopsided in favor of the US, because it grants US military forces and contractors unimpeded access and use of Philippine military and civilian facilities, lands, ports, airfields and radio spectrum that will revert to the Philippines only after they are no longer useful to the US forces,” Tinio said.

“This use and access is also granted tax and rent free. By entering into this agreement, which also violates several laws including the labor, tax, local government and other laws, President Aquino violated his oath of office to faithfully and conscientiously fulfill his duties, and preserve and defend the Constitution,” he added.

Makabayan has questioned the constitutionality of EDCA in the Supreme Court.

Responding to questions, Ocampo said the SC proceedings and impeachment are separate processes.

He said an adverse result in one process should not affect the other. It is not clear if Aquino’s critics have other impeachment complaints to file against him after his fifth State of the Nation Address on Monday.

Under the Constitution, there should only be one impeachment proceeding against an impeachable officer in one year.

However, Iloilo Rep. Niel Tupas Jr., who chairs the House committee on justice, said three or more complaints would constitute one impeachment proceeding if they are referred to his panel at the same time. 

At Malacañang, Presidential Communications Operations Office Secretary Herminio Coloma Jr. said that while it’s up to Congress to decide on the merits of the complaint, there should be no question about the constitutionality of EDCA, which is an appropriate response to the evolving security challenges in the Asia-Pacific Region.

“The EDCA builds upon the Mutual Defense Treaty, which for more than 60 years has served as the main platform for the strategic defense partnership between the Philippines and the United States,” he said.

No inhibition

Meanwhile, members of the House committee on justice who had received funds through DAP are unlikely to inhibit from the hearings on the impeachment complaints filed against Aquino, Tupas said.

He recalled being asked to inhibit during the impeachment proceedings against then ombudsman Merceditas Gutierrez because of some pending complaints against his father. – With Aurea Calica, Paolo Romero, Delon Porcalla