THE PEOPLE’S CASE V. GLORIA MACAPAGAL-ARROYO

Published June 19, 2006 8:43pm

Constitutional Grounds ART. XI, Â§ 2, CONST. (1987)

Culpable Violation of the Constitution â€“ willful violation of the Constitution and excludes committed unintentionally or through an honest mistake of judgment.

Betrayal of Public Trust â€“ while it has not been given any definitive meaning in law and jurisprudence, involves the violation of a public officerâ€™s oath of office.

Bribery â€“ follows the definition given by our criminal statute book, the Revised Penal Code. It is committed by a public officer who (1) receives a gift in connection with the performance of official duties in order to perform an act whether constituting a crime or not , or (2) accepts gifts offered to him by reason of his office or (3) being a public officer entrusted with law enforcement, refrains from arresting or prosecuting an offender who has committed a crime punishable by life imprisonment or death, in consideration of a gift or present.

Graft and Corruption â€“ acts enumerated under the Anti-Graft and Corrupt Practices Act, RA 3019, including receiving any gift in connection with any transaction wherein the public officer in his official capacity has to intervene under the law, or giving any private party any unwanted benefits through manifest partiality, evident bad faith or gross inexcusable negligence.

Other High Crimes â€“ there is no definitive meaning in law and jurisprudence regarding this; scholars of the American constitutional order (from which we borrowed much), say that the phrase applies only to very serious attempts to subvert the constitutional order; there are others who say Congress would know an impeachable offense under this nomenclature if it saw one.

THE THREE MAIN CHARGES
GMA EXERCISED DICTATORIAL POWERS TO SILENCE, IF NOT STIFLE, POLITICAL DISSENT ARISING FROM HER ILLEGITIMATE PRESIDENCY. Charges of obstruction of justice, EO 464, CPR and 1017, Daily Tribune, the Batasan 5, electoral fraud.

GMA COMMITTED CRIMES AGAINST HUMANITY. She abetted, if not encouraged, the systematic and widespread killings of political dissidents and journalists to silence criticisms lodged against her and to continue her illegitimate hold on power.

GMA CRIMINALLY CONCEALED HER CONJUGAL ASSETS, ENGAGED IN GRAFT AND CORRUPTION, AND ENTERED INTO ILLEGAL GOVERNMENT CONTRACTS. The Jose Pidal accounts, PIATCO bribery, Northrail; jueteng; as well as illegal withholding of the Internal Revenue Allotment (IRA).