Four articles of impeachment pushed vs. Bautista

Four articles of impeachment were proposed on Wednesday in connection with the impeachment case against Commission on Elections (Comelec) chairman Andres Bautista.

Deputy Minority Leader and Kabayan party-list Representative Harry Roque prepared and submitted the draft of the articles of impeachment to the House Committee on Justice, shortly after the House of Representatives, with 137 votes, rejected the panel's report dismissing the complaint against Bautista.

All articles of impeachment support Bautista's impeachment for graft and corruption, betrayal of public trust and culpable violation of the Constitution.

The draft cited as first article the anomalous bank accounts, funds, businesses, corporations and financial transactions involving Bautista and/or his family members which are a portion of what he allegedly illegally amassed while in public office and did not declare in his Statement of Assets, Liabilities and Net Worth (SALN).

The assets and financial transactions were discovered from documents gathered by Bautista's wife, Patricia.

According to the draft, Bautista has accounts from three banks, including:

•     Luzon Development Bank (P329 million)
•     Rizal Commercial Banking Corporation (US$12,778.30/P257,931.60)
•     Hong Kong and Shanghai Banking Corporation (HK$948,358.97)

Fourteen real properties were also listed in the draft which were allegedly acquired from ill-gotten wealth, one of which was not even declared in his SALN.

Patricia has also discovered documents which show the existence of foreign companies in locales known to be offshore banking hotspots, all of which were also apparently not declared in Bautista's SALN:

•     Bauman Enterprises Limited
•     Mantova International Limited
•     Mega Achieve Inc.

Another article of impeachment in the draft was the Bautista's supposed commissions from private law firm Divina & Uy Law Offices.

"The documents show that Respondent Bautista procured the services of this Law Firm or referred clients to the latter, in order to profit from or in consideration of his position in government, including the COMELEC," the draft read.

The draft pointed out that the among the clients that Bautista would refer to the law firm are government clients such as Smartmatic, BASECO and UCPB, which the Comelec chairman "constantly dealt with while in Comelec and as PCGG (Presidential Commission on Good Government) chairman."

This, the draft said, "are clear indications of graft and corrupt practices and his betrayal of public trust reposed on him and his culpable violation of the Fundamental Law of the land."

"Respondent Bautista knowingly allowed his office, including his influence as the COMELEC Chairman, to be used for private gains and profits, including his own," it added.

The third article of impeachment pertains to Bautista's alleged failure to properly disclose his SALN for 2016.

According to the draft, Bautista's SALN was "grossly undeclared" or substantial properties were not included in it, violating the Anti-Graft and Corrupt Practices Act.

"Moreover, based on documents and information obtained, Respondent Bautista’s total and declared assets in his 2016 SALN are grossly below his true and correct assets that are under his name, as Respondent Bautista’s net assets as found and disclosed by his wife as stated in the foregoing far exceed the total assets, including the liabilities, he declared in his 2016 SALN," the draft read.

Aside from this, the draft said Bautista's failure to declare substantial amounts of his wealth is clear manifestation that he "had the malicious and fraudulent intent to hide these huge assets from public view and scrutiny."

The fourth article of impeachment points to Bautista's alleged failure to address the hacking of the Comelec website in March 2016.

According to the draft, Bautista, as Comelec chief, failed to implement measures to protect personal data of more or less 50 million registered voters against human dangers, including unlawful access, fraudulent misuse, unlawful destruction, alteration, and contamination.

Bautista likewise failed to designate an individual accountable for the Comelec's compliance with the Data Privacy Act of 2012.

"By his conduct, Respondent Bautista has undermined the integrity of his office, brought disrepute on the Commission on Elections (COMELEC) and committed graft and corruption, culpable violation of the Constitution and betrayed the public trust," the draft read.

"Indeed, by such conduct, Respondent Bautista warrants impeachment and trial, and removal from office and disqualification to hold and enjoy any office of honor, trust or profit under the Republic of the Philippines," it added.

House Justice Committee chair Reynaldo Umali said the panel will convene next week to discuss the articles of impeachment. —NB/MDM, GMA News