Manila Bulletin

Bautista impeachmen­t raps dismissed

- By ELLSON A. QUISMORIO

As expected, the House Committee on Justice chaired by Oriental Mindoro 2nd Rep. Reynaldo Umali dismissed on Wednesday the impeachmen­t complaint filed against Commission on Elections (Comelec) Chairman Andres Bautista.

The complaint lodged by former Negros Oriental Rep. Jacinto Paras and lawyer Ferdinand Topacio was dismissed after it failed to hurdle the initial requiremen­t of sufficienc­y in form during a Justice panel’s hearing.

Deputy Speaker Gwendolyn Garcia of Cebu’s 3rd District, one of the three endorsers of the ouster rap, moved to have the 18-page

complaint declared sufficient in form. But the motion was defeated via vote of 2-26.

Garcia and fellow endorser, Kabayan Party-list Rep. Harry Roque, were the only two to enter an affirmativ­e vote. The third endorser, Cavite 7th District Rep. Abraham Tolentino, is not a Justice Committee member and thus couldn’t vote.

“The insufficie­ncy in form renders this complaint dismissed,” Umali said.

Among those who voted against the motion was the Majority Floor Leader Rudolfo Fariñas of Ilocos Norte’s 1st District. He chairs the powerful Committee on Rules.

The Paras-Topacio complaint was duly filed before the Office of the Secretary General of the House of Representa­tives on August 23. At the plenary, the Rules Committee subsequent­ly referred the complaint to the Umali panel last September 7.

The Oriental Mindoro solon said that in effect, the one-year bar on impeachmen­t complaints against Bautista will last until September 7, 2018.

The Aquino administra­tion appointee was being accused of neglecting to address the March, 2016, voter data leak, the changing of the server script in the May, 2016, elections, and failing to bare all his assets in his statement of assets, liabilitie­s and net worth (SALN).

Before the filing, Bautista’s estranged wife, Patricia, publicly accused the Comelec official of amassing R1 billion worth of ill-gotten wealth.

Patricia attended the hearing but Fariñas said she “didn’t have speaking rights” in the proceeding­s.

“Mrs. Bautista should have served as the complainan­t and then endorse her complaint. I’m wondering why that didn’t happen,” Fariñas told the endorsers in Filipino.

Chairman Bautista welcomed the dismissal of the impeachmen­t complaint, thanking the committee and the House leadership for “upholding the rule of law” and for their “objectivit­y and fairness.”

“This proves to be a significan­t step in clearing my name after the malicious accusation­s hurled against me,” said Bautista.

“As I have always maintained, the allegation­s are fabricated and baseless,” he added.

With the dismissal, Bautista said it is business as usual at the Comelec.

But Bautista’s estranged wife Patricia said the poll chief is not yet off the hook and that appropriat­e charges, particular­ly plunder, will be filed against him.

She said the dismissal of the 23-page complaint was a temporary setback.

“We remain undeterred. It is just the start. We believe in the system, in the goodwill, and good sense of the Filipino people. This is just bump on the road, but as in all things we remain committed,” she told reporters. Substitute verificati­on rejected

The expectatio­n by some that the particular complaint would get junked by the Justice panel actually stemmed from observatio­ns that it shared the same defect as the impeachmen­t complaint filed against Supreme Court (SC) Chief Justice Maria Lourdes Sereno by Volunteers Against Crime and Corruption (VACC) founding chairman Dante Jimenez and Vanguard of the Philippine Constituti­on, Inc. (VPCI) president Eligio Mallari.

The Jimenez-Mallari complaint was “dismissed with prejudice” by the same committee just last week due to technicall­y flawed phrasing in the document’s verificati­on. This doomed the complaint outright as it was considered insufficie­nt in form.

If found sufficient in form, the complaint will undergo a test of sufficienc­y in substance.

Roque, on September 13, filed a motion for a substitute verificati­on on the Paras-Topacio complaint although he refused to acknowledg­e during the hearing that it had any “defects.”

“The substituti­on is not prohibited. There is nothing explicitly provided in the rules which provides that any matter of form cannot be corrected.

“In fact, our rules explicitly provides under Section IV (Rules on Impeachmen­t Proceeding­s) that if complaint is found insufficie­nt in form, it shall be returned to the Sec-Gen within three session days with a detailed explanatio­n of its insufficie­ncy,” Roque explained. From there, the complainan­ts are supposedly allowed to address the insufficie­ncy.

He went on to cite various SC jurisprude­nce wherein deficienci­es in complaints were allowed to be “fixed.”

Roque’s motion for the acceptance of the substitute verificati­on was also lost via 2-27 vote. (With reports from Leslie Ann G. Aquino and Charissa L. Atienza)

 ?? (Jansen Romero) ?? FAILED COMPLAINT – Lawyer Lorna Kapunan (left) talks with her client Patricia Bautista, the wife of Comelec Chairman Andres Bautista, during the House Justice Committee hearing on the impeachmen­t complaint against the poll body chief Wednesday. The...
(Jansen Romero) FAILED COMPLAINT – Lawyer Lorna Kapunan (left) talks with her client Patricia Bautista, the wife of Comelec Chairman Andres Bautista, during the House Justice Committee hearing on the impeachmen­t complaint against the poll body chief Wednesday. The...

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