House panel junks impeach complaint against Duterte for lack of substance

The House of Representatives justice committee on Monday dismissed the two impeachment complaints lodged against President Rodrigo Duterte for insufficiency in substance.

This was the result of the first hearing conducted by the justice committee on the two impeachment complaints filed against Duterte filed by Magdalo Rep. Gary Alejano.

Alejano filed the two impeachment complaints against Duterte for his alleged role in state-sponsored killings and the Davao Death Squad, as well as his alleged inaction to uphold the country's sovereign rights over the West Philippine Sea, Panatag Shoal and Benham Rise amid the administration's cooling of ties with China.

The justice committee is tasked to determine whether there is form and substance on the impeachment complaints.

After the committee held an executive session due to ambiguity in rules, the committee voted and found the impeachment complaint sufficient in form.

But the committee later found the complaint insufficient in substance.

The committee had a heated debate following Majority Leader Rudy Fariñas' statement that Alejano's impeachment complaints were based on news reports and testimonies of other witnesses, which means the impeachment filer Alejano had no personal knowledge on the matter.

Fariñas said it is clear Alejano had no personal knowledge on his allegation over 8,000 drug suspects have been killed in the administration's brutal war on drugs.

He added that Alejano also had no personal knowledge that drug suspects were extrajudicially killed by the Davao Death Squad formed by Duterte when the latter was Davao City mayor.

Fariñas said Alejano himself admitted no personal knowledge by quoting other persons in the complaint, such as self-confessed Davao Death Squad members Arturo Lascañas and Edgar Matobato.

"Clearly, it's not in his personal knowledge. That is the defect here… You are introducing statements under oath, these are not your own. Lalabas hearsay po ito," Fariñas said in a heated debate with Alejano.

Alejano insisted that he had personal knowledge when he believed in the authenticity of the official documents and the news reports.

"I culled from important records including the news reports regarding the authentic records. I understand we are not here where we would present the evidence. There is no marking of evidence yet," Alejano said.

"My allegations are based on authentic records… In proper time we will present the authentic records, Mr. Chair," he added.

But Kabayan Rep. Harry Roque said Alejano committed misrepresentation when he made under oath about the allegations of other witnesses and not his own personal knowledge.

"At best, this is misrepresentation, at worse this is a falsity… This is patent falsity. I believe this should be dismissed on the basis of form," Roque said.

1-Sagip Rep. Rodante Marcoleta said the complaint should be dismissed for relying on electronic sources such as news articles instead of being based on Alejano's personal knowledge.

"Considering this is a very important political process, we have to determine and dispose properly. I cannot find justification to continue because the admission itself is strong that the complaint does not rest on personal knowledge," Marcoleta said.

Leyte Rep. Vicente "Ching" Veloso however said Alejano's complaint should be approved for compliance of sufficiency of form and that merits of the complaint should be discussed during the discussions on substance.

Veloso said Alejano's complaint complied with form because the complaint was duly endorsed by a member of Congress, in this case, Alejano himself.

"We go ahead with the impeachment complaint. Huwag naman patayin agad dahil lang sa insufficiency of form. There is substantial compliance, form-wise, in the complaint," said Veloso, a former justice at the Court of Appeals.

Just when the members were expecting the committee to put the complaint to a vote, committee chairperson Umali suspended the hearing to hold an executive meeting to discuss their vote on the sufficiency of form of the complaint.

Umali said the committee has to discuss the ambiguity on House rules that a complaint dismissed due to lack of form may be returned to the Secretary General who will then return the complaint to the complainants.

The Rules state that a complaint may only be dismissed outright if is not sufficient in substance.

"We have heard the different positions of members. We would like to discuss the case in executive session so we will have a second chance to look into the aspect of the ambiguity on rules," Umali said.