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Grace Poe: Up to Congress to hold PNoy accountable through impeachment
By ELIZABETH MARCELO, GMA News
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The ball is now in the hands of the congressmen as regards holding President Benigno Aquino III accountable over the Mamasapano incident which cost the lives of more than 60 people in late January, Sen. Grace Poe said on Tuesday.
Poe, who led the Senate probe on the Jan. 25 Mamasapano incident, said that the only way Aquino could be held accountable over the bloody incident was through impeachment proceedings.
“Ang Presidente po ay may immunity sa mga kaso.... The President can be held accountable through an impeachment. That’s the only way we can ask the President (to be accountable) but again it should start from Congress,” Poe said in a news briefing.
In an draft committee report on the Mamasapano incident released on Tuesday afternoon, the Senate found Aquino “ultimately responsible” for the bloody encounter.
Poe said the Senate committees that conducted public hearings and executive sessions on the incident found Aquino liable for the mission that cost the lives of the SAF commandos as he allowed then suspended Philippine National Police (PNP) chief Director-General Alan Purisima to be involved.
“The President must bear responsibility for giving assent to and failing to prevent the unlawful exercise of official functions by Purisima in connection with Oplan Exodus," Poe said.
Common sense not impeachable
Board of Inquiry
Common sense not impeachable
Aquino's decision to meet with Purisima to discuss the Mamasapano police operation may be a lapse in judgment but is far from an impeachable offense, House Speaker Feliciano Belmonte Jr. said.
Belmonte, a vice chairman of the Liberal Party, even said it was "common sense" to involve Purisima in the operation to neutralize suspected terrorists in Mamasapano because of his vast knowledge as regards the hunt for Zulkifli bin Hir alias Marwan.
“I think on the question of talking with a suspended official, very clearly I’m trying to read the President’s mind. [From] his point of view, he talked to somebody who had been on top of the situation for a very long time. [Purisima] was the person who knew about [the Mamasapano operation]," Belmonte told reporters Tuesday.
"From a legal point of view, Purisima should have no role at all in this whole thing. From a common sense point of view, he was the logical person to talk to since siya ang nakakaalam ng operations and it was planned under his supervision,” he added.
"From a legal point of view, Purisima should have no role at all in this whole thing. From a common sense point of view, he was the logical person to talk to since siya ang nakakaalam ng operations and it was planned under his supervision,” he added.
At most, Belmonte believes Aquino can only be faulted for his judgment involving Purisima in the Mamasapano operation since he thought “it was a common sense thing to do.”
“In my view, he (Aquino) did not commit an impeachable offense. The only thing that can be faulted on him is the fact that he continued to talk to, receive orders from and act through Purisima. Now kamukha ng sabi ko, ang tingin niya roon, that is a common sense thing to do dahil di kakalat yung information at siya (Purisima) ‘yung taong nakakaalam noon. It was a fault of judgment at best,” he said.
Board of Inquiry
In a report released last week, the PNP Board of Inquiry tasked by Interior Secretary Mar Roxas to investigate the Mamasapano incident, likewise found Aquino liable over the incident as he allegedly broke the chain of command by dealing directly to Purisima and to relieved SAF chief Director Getulio Napeñas about the operation.
Poe said that it was now up to the members of the House of Representatives to decide whether to use the Senate report as a basis in the filing of an impeachment complaint against Aquino.
“Itong committee report ay pwedeng gamitin kahit saan dahil ito naman ay sinumpaang salaysay. It’s up to the Congress on what sources they will use (in the filing of the complaint),” Poe said.
“Uupo din kaming judge kapag nagkaroon ng impeachment. But I am not saying na it will happen,” Poe added.
Based on the Constitution, an impeachment complaint against the President must emanate from the House of Representatives. It must be approved by the House Committee on Justice and has to secure the votes of at least one-third of the members of the House in a plenary session.
The Senate, sitting as an impeachment court, must then hear the impeachment complaint filed by the House of Representatives.
On what grounds?
Poe, however, raised concerns on what grounds Aquino could be impeached.
“Ang question ngayon dito is for what ground? Yung betrayal of public trust ay napakalaki naman. The categories of betrayal of public trust is very broad,” Poe said.
According to Section 2 Article 11 of the 1987 Constitution, an impeachable officer such as the President can be removed from office through conviction in an impeachment complaint based on the following grounds: culpable violation of the Constitution, treason, bribery, graft and corruption, betrayal of public trust and other high crimes.
Poe said that she personally believed that the intention of Aquino for allowing the execution of Oplan Exodus was “good” but his consent for a suspended officer like Purisima to participate in the operation, tainted this good intention.
“Sa tingin ko ang intention ng ating pangulo ay maayos. Talagang maraming pinatay si Usman at si Marwan. Dapat naman talaga ay matugis natin at mahuli sila. Magiging tapat ako, kung hindi nakasama si Purisima sa operation na ito ay hindi siguro magiging ganun kalaki ang duda, sa intensiyon at hangarin ng Pangulo,” Poe said. —NB/ELR, GMA News
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