First verified impeachment complaint against

President Aquino in the 16th Congress

Bayan SecGen et. al., complainants

Grounds for impeaching Aquino

He culpably violated the constitution
Usurped the powers of the legislature and
undermined checks and balances with DAP

He betrayed the public trust

Perpetuated and exacerbted the pork barrel
system
Committed tyrannical abuse of power when he
usurped power of the purse

 Violated his oath of office to faithfully execute

the laws and preserve the Constitution
Perpetrated technical malversation (Art. 220 of
the Revised Penal Code) when he realigned
funds and projects
Committed corruption of public officers when he
approved release of projects to senator-judges
during and after CJ Coronas impeachment trial

Culpable violation of the

Constitution for DAP
ADMISSIONS IN THE MEDIA AND HEARINGS

Aquino illegally pooled at least P157 billion, and

at most P234 billion of appropriations as
savings
Aquino reallocated these to 116 projects worth
P144 billion.

ADMISSIONS IN THE SUPREME COURT

ACTS AND PRACTICES

CONSTITUTIONAL PROHIBITION TOTAL AMOUNT

INVOLVED
No transfer of appropriation P104.65 BILLION

Premature declaration
and pooling of savings
Transfer of funds to
Real savings to augment
offices not under the
only items in their own
Executive
agencies
Spending public funds for No transfer of
programs, activities and
appropriations
projects not in the
No money paid out of
appropriation law
Treasury except through
appropriation law
Illegal use of
No transfer of
unprogrammed funds
appropriations
No money paid out of
Treasury except through
appropriation law
GRAND TOTAL

P393.70 MILLION
P1. 96 BILLION

P16.74 BILLION

P123.74 BILLION

When is there culpable violation

of the Constitution?
There has been a violation of the
Constitution
In impeachment, a public officer did or did not
do an act expressly provided in the Constitution

The violation is culpable

Knowingly, wilfully, intentionally

When is there betrayal of public trust?

There is an oath of public office
A public officer violates his oath and
demonstrates gross faithlessness against
public trust
His acts demonstrate his unfitness for office

Possible defenses of Aquino

As to culpable violation through DAP
Prematurity, or the non-finality of the
decision by the SC on the DAP case
Exempting provisions of the Admin Code
Good faith
Beneficial effects of DAP; it pump-primed the
economy

Why do others question

impeachment?
Divisive
Fatigue
Lesser of two evils

How will we proceed?

A citizen files a verified COMPLAINT,
endorsed by a member of the House
COMPLAINT FILED with the HOR
Secretary-General
The Secretary General refers it to the
Speaker
Speaker includes it in official
business
COMPLAINT REFERRED to the Justice
Committee

Verification
1. I am the Complainant in the instant case that was
filed before this Honorable Tribunal.
2. I caused the preparation of the foregoing
Complaint for Impeachment.
3. I have read the said pleading.
4. I hereby aver that the allegations therein are true
and correct of
a. my personal knowledge or
b. based on authentic records.

Determination of form and substance

Sufficient
in form?

NO

Secretary General to return COMPLAINT

and Committee Resolution to complainant
within three (3) session days

YES

Sufficient in
substance?

YES

DISMISS, return COMPLAINT to Secretary

General within three (3) session days

NO

Send AQUINO a copy of the

complaints and require him
to answer within 10 days

 The requirement of substance is met if there

is a recital of facts constituting the offense
charged and determinative of the jurisdiction
of the committee.
(Sec. 4, A, Rule III, RULES OF PROCEDURE IN
IMPEACHMENT PROCEEDINGS, 16th
Congress.)

 As clarified by the Supreme Court, when

questioned by Merceditas Guiterrez, this
means that standard is, if one assumes
hypothetically the truth of their allegations,
can valid judgment to impeach be rendered
thereon?
(Gutierrez v. HOR, G.R. No. 193459, February
15, 2011)

Submission of evidence and memoranda

AQUINO files answer with affidavits,
otherwise deemed general denial
Complainants file Reply within three
(3) days otherwise answer deemed
controverted
AQUINO may file a rejoinder within
three (3) days from receipt of Reply
Memoranda may be required after
submission of evidence

Determination of sufficient grounds

Sufficient
grounds?
YES

NO

DISMISS, submit report and formal reso

to the House within 60 days from referral
House can act upon the report: ACCEPT or
OVERRIDE Resolution

Proceed to HEARING
Presentation of prosecution witnesses
Presentation of defense witnesses

Determination of probable cause

With
probable
cause?
YES

NO

DISMISS, submit report and formal reso

to the House within 60 days from referral
House can act upon the report: ACCEPT or
OVERRIDE Resolution

Submit resolution with Articles of Impeachment

House must calendar within 10 session days

PLENARY VOTE IN THE HOUSE OF REPRESENTATIVES

Required vote: 1/3 of members or 97 reps
Committee
Reso

DISMISS

Override?

NO

YES
IMPEACH

Transmit Articles of
Impeachment to
Senate

Committee
must prepare
Articles of
Impeachment
anyway

DISMISS

THANK YOU.