House justice panel OKs return of supplemental complaint

(Updated) Voting 29-7, administration allies at the House justice committee recognized the authority of its chair to return the supplemental complaint on an earlier impeachment bid against President Gloria Macapagal Arroyo. The committee vote effectively upheld the decision of Quezon City Rep. Matias Defensor, chair of justice panel, to return the supplemental complaint lodged by Adel Tamano, spokesman of the Genuine Opposition, meant to boost the earlier bid of lawyer Roberto Rafael "Roel" Pulido. Tamano told dzBB radio that it was "unfortunate" that politics carried more weight than the integrity of the supplemental complaint itself. "Why is it that they are afraid to even look at my supplemental complaint?" Tamano asked in Filipino, adding that, "it's disappointing because the voting was made just on party lines." Bayan Muna Rep. Teodoro Casiño, who argued against Defensor's move, expressed hopes that the supplemental complaint can still be integrated into the Pulido complaint. "Whether or not to admit the supplemental complaint can be a subject of a motion later, or subject to the requirement of submitting it to the House secretary general, " Casino told GMANews.TV in a phone interview. During the hearing on the Pulido complaint, Defensor said he based his decision on the rules of the House of Representatives and the Constitution. He said the supplemental complaint did not go through the prescribed process. Instead of submitting his compliant before the office of the House Secretary General, Tamano lodged his 34-page supplemental complaint last November 5 directly at the House justice committee. Members of the justice committee assigned four congressmen to argue in favor and against Defensor's decision. Gabriela Rep. Liza Maza, Cagayan de Oro Rep. Rufus Rodriguez, Bukidnon Rep. Teofisto Guingona III and Casiño spoke for those who reject the move. On the other hand, Cebu Rep. Pablo Garcia, Maguindanao Rep. Simeon Datumanong and Baguio City Rep. Mauricio Domogan and Capiz Rep. Fred Castro argued in support of the committee chair. The "pro" congressmen insisted that Tamano's supplemental complaint was already a new impeachment bid since it cited new causes of action. They also raised that it did not follow the regular process of being referred by the House Speaker and the Committee on Rules. They said the supplemental complaint was not being rejected, but was merely given a chance to follow the proper process. However, Rodriguez said Defensor's move was a violation of the right to due process of the complainant and subject of the complaint because the committee members were not able to read and deliberate on the supplemental complaint filed. "Let us now subject it to a collegial decision ... to stop this by merely returning it now and not allowing us even the members to read it, Mr Chairman, is a violation of the right to due process of two parties," he said. He asked the other members of the committee to reconsider Defensor's ruling and look at the complaint and decide whether it is to be admitted or not as a committee. "If we will not be able to accept first the supplemental complaint, then we will not be able to really look at the form and substance of Pulido complaint. Let us be fair to all. Let us deliberate as a collegial body," he reiterated. He also asked: "Are we, the committee, now protecting the highest official of the land? Let us do our function of reviewing what has been submitted and not to be field as protector of the highest official of our country." Guingona said the supplemental complaint does not carry new cases of action but only substantiates the original complaint. For his part, Datumanong argued Defensor's decision had solid basis. "The chairman cited as among the basis of his action the fact that he has no authority to receive the pleading relative to the impeachment complaint referred to the Committee on Justice without the supplemental pleading having passed through the proper channel which is by filing it with the office of Secretary General and the Sec Gen forwards it to Speaker, the Speaker places it in the order of business and within such number of days be referred to Committee Of Justice," he said. For his part, Tamano said his supplemental bid was "part and parcel" of the Pulido complaint and not a new complaint in itself. He took notice of the fact that members of President Arroyo's Kabalikat ng Malayang Pilipino (Kampi) are in the House justice committee, when some partymates were implicated in the bribery scandal highlighted in the supplemental complaint. - with a report from Amita Legaspi, GMANews.TV