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Impeachment complaints filed against President Arroyo in 2005


Three impeachment complaints against President Arroyo were filed at the House of Representatives in the 13th Congress during the second regular session: 1) Atty. Oliver Lozano's original complaint (with seven supplemental affidavits of complaint); 2) Atty. Jose Lopez's complaint 3) Amended complaint with Lozano as the lead complainant. Killing the impeachment complaints The House Committee on Justice voted on August 31, 2005 to dismiss all three impeachment complaints filed against President Arroyo.

  • First, the committee ruled that the amended complaint is a distinct and separate complaint from the original complaint filed by Lozano and the other complaint filed by Lopez.
  • Since the Constitution bars the filing of an impeachment complaint against the same official more than once within a one-year period, only the original complaint was tackled by the House.
  • Then they voted to declare the original complaint sufficient in form.
  • Finally, they voted to declare the original complaint insufficient in substance.
THE IMPEACHMENT COMPLAINTS June 27, 2005: Complaint for Impeachment by Atty. Oliver Lozano
  • charged President Arroyo with betrayal of public trust
  • accused President Arroyo of cheating in the presidential elections
  • referred to President Arroyo as an "impostor", "bogus president", and "fake commander-in-chief"
  • stated that "Hello Garci" tape is evidence of massive electoral fraud
  • endorsed by Alagad Party-list Rep. Rodante Marcoleta in a "resolution of endorsement" filed on June 28, 2005. 
  • President Arroyo's counsel, Atty. Pedro Ferrer, filed an answer ex abundante ad cautelam at the House of Representatives on July 19, 2005, where Lozano's allegations in the complaint for impeachment (and the subsequent "supplemental complaint for impeachment") were countered point by point.

June 28, 2005: Supplemental Complaint for Impeachment by Atty. Oliver Lozano

  • filed the day after President Arroyo admitted that she called a Comelec official during the canvassing of votes in the 2004 elections and apologized for her lapse in judgment
  • charged that President Arroyo's admission alone is basis enough to find her guilty of betrayal of public trust
  • President Arroyo's counsel, Atty. Pedro Ferrer, filed an answer ex abundante ad cautelam at the House of Representatives on July 19, 2005, where Lozano's allegations in the supplemental complaint for impeachment (as well as the preceding "complaint for impeachment") were countered point by point.
June 29, 2005: Second Supplemental Affidavit of Complaint for Impeachment by Atty. Oliver Lozano
  • said that President Arroyo betrayed public trust when she called a Comelec official to protect her vote
  • said President Arroyo's "lapse in judgment" is a "breach of official duty by misfeasances"
  • that President Arroyo lied when she said "lapse in judgment" because she called several times--"breaches of official duty by misfeasances"
  • that President Arroyo's delay in speaking up on the issue is an "inexcusable negligence of duty"
  • said he might be able to produce Garcillano as a witness.
June 30, 2005: Third Supplemental Affidavit of Complaint for Impeachmentby Atty. Oliver Lozano
  • filed the day after President Arroyo announced that First Gentleman Mike Arroyo has voluntarily offered to leave the country
  • said that allowing FG Arroyo to leave when he has been implicated in the jueteng scandal amounts to obstruction of justice
  • that by allowing FG Arroyo to leave, President Arroyo has committed a "breach of official duty by misfeasance or malfeasance which is an act of betrayal of public trust."
July 4, 2005: Fourth Supplemental Affidavit of Complaint for Impeachment by Atty. Oliver Lozano
  • signed by Lozano on July 1, 2005; received by the House of Representatives on July 4, 2005
  • cited a news article saying the Free Legal Assistance Group believes President Arroyo violated the law when she talked to a Comelec Commissioner during the canvassing
  • said that President Arroyo's admission has established betrayal of public trust
  • citing newspaper articles on anti-Arroyo rallies, Lozano said people have already shown loss of trust in President Arroyo as a result of Arroyo's admitted acts.
July 4, 2005: Fifth Supplemental Affidavit of Complaint for Impeachment by Atty. Oliver Lozano
  • said Arroyo's refusal to confirm or deny the taped conversation and the "prohibited and unethical call" constitutes betrayal of public trust
  • pointed out that although President Arroyo called up the Comelec official before she was proclaimed the winner in the 2004 elections, her "act of betrayal" is still punishable after her proclamation
  • asserted that "acts of betrayal of public trust before proclamation are evidence of habit to commit similar acts of betrayal after proclamation."
  • that President Arroyo's approval of the "oppressive", "anti-poor" E-VAT Law is an act of betrayal of public trust--the public is strongly against it and the Supreme Court stopped its implementation
  • that President Arroyo betrayed public trust with the approval of the E-VAT Law, especially since she refused to entertain an alternative solution to the economic crisis: renegotiating with (former First Lady) Imelda Marcos a 75-25 compromise agreement on the Marcos wealth
  • that President Arroyo's "managed public confession" and "feigned apology" merely heightened public distrust--"betrayal of public trust for lack of full disclosure"
July 5, 2005: Sixth Supplemental Affidavit of Complaint for Impeachment by Atty. Oliver Lozano
  • said President Arroyo breached her official duty when she "deliberately and miserably" failed to order the Armed Forces of the Philippines, Philippine National Police and the National Bureau of Investigation to produce Garcillano
  • said President Arroyo breached her official duty with her "no permit, no rally" regulation
  • called on President Arroyo to go on indefinite leave, pending investigation on the "Hello, Garci" controversy and the impeachment proceedings
  • said President Arroyo should go on indefinite leave "before the AFP asserts its constitutional duty to protect the people" 
July 21, 2005: Seventh Supplemental Affidavit of Complaint for Impeachment by Atty. Oliver Lozano
  • stated that former Gov. Antonio Villanueva gave him (Lozano) a "CD video tape" showing a falsified certificate of candidacy and election of President Arroyo.

July 4, 2005: Complaint for Impeachment by Atty. Jose Rizaldo Lopez

  • amplified and supplemented Lozano's complaint for impeachment
  • cited the following events after Arroyo's apology as effects of President Arroyo's "breaches of public trust", which can only be addressed through impeachment proceedings:
  • stock market, peso exchange rate, and President Arroyo's ratings plunged
  • rallies and calls for President Arroyo's impeachment or resignation mounted
  • prices of fuel products and other prime commodities skyrocketed upon the implementation of E-VAT
  • Rep. Mikey Arroyo took a leave of absence from the House of Representatives
  • rumored Cabinet resignations
  • attention from international media
  • playing of the alleged wiretapped conversations at the House or Representatives
  • said President Arroyo is guilty of betrayal of public trust for having cheated in the 2004 elections, notwithstanding her proclamation, foreign governments' recognition of her proclamation, and survey results and predictions of her victory
  • that President Arroyo's admission and apology cannot "erase the stigma that she committed a betrayal of trust"
  • pushed for impeachment proceedings in Congress rather than street protests and coups
  • said impeachment proceedings should be allowed to prosper and reach its conclusion "to prevent or avoid the uncertainty caused by the departure of Joseph Estrada (from Malacanang in 2001)"
  • endorsed by Rep. Antonio Alvarez in a "resolution of endorsement" filed on July 4, 2005, but Alvarez later withdrew his endorsement

July 25, 2005: Amended Complaint by Atty. Oliver Lozano, et al.

  • accussed President Arroyo of Culpable Violations of the Constitution, Bribery and Graft and Corruption, and Betrayal of Public Trust
  • filed by Atty. Oliver Lozano (lead complainant), with 29 congressmen, 19 organizations and 10 individuals as co-complainants
  • amended complaint dated July 22, 2005; filed at the House of Representatives on July 25, 2005
  • endorsed by 41 representatives when the time the amended complaint was filed (additional signatures followed.)
  • General allegations:
    • that President Arroyo committed culpable violations of the Constitution by
      • undermining the independence of the Comelec when she appointed Garcillano and Manuel Barcelona Jr.--persons identified with partisan politics or with electoral anomalies-- as Comelec commissioners;
        • the complaint also narrated the circumstances surrounding the "Hello Garci" conversations between President Arroyo and Garcillano, which were caught on tape
      • directing/allowing Comelec, police, and military officials to ensure her victory in the 2004 presidential elections
    • that President Arroyo betrayed public trust by
      • obstructing justice--attempting to affect the outcome of Congressional investigations of various charges against her and other persons by fabricating and disseminating misleading information such as false or tampered audio recording
      • deliberately concealing the First Couple's ownership of various properties in the Philippines and abroad, and their business interests, thereby failing to pay due taxes
      • allowed the killing of political dissenters and infringed on their freedoms of expression and assembly.
    • that President Arroyo is liable for bribery and graft and corrupt practices:
      • she approved contracts that were manifestly and grossly disadvantageous to the government, such as the Northrail and Piatco-NAIA Terminal 3 projects
      • she directly and/or indirectly accepted jueteng payola in exchange for political protection, to bankroll her presidential campaign, and to bribe officials to rig the results of the 2004 presidential elections in her favor
Tags: impeachment
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