PRESS RELEASE

July 27, 2005

‘Creeping’ Impeachment Doable—Tanada

            Liberal Party Rep. Lorenzo “Erin” Tanada III yesterday said the House should not deliberately change the substantive provisions of the Rules on Impeachment to favor vested interests.  Precedents were set and so long as they that precedents are consistent with the spirit and intent of the Constitution on the accountability of public officials, then it must be upheld.   

            “It [creeping impeachment] wasn’t discussed [in the Committee on Rules.] So I would assume that it is possible that it can be used. It [impeachment rules] mentioned that if one-third [of the House members signed the complaint], then whatever happens, if the committee report is approved or overturned, all you need is one-third to transmit it to the Senate. I think creeping is still allowed,” Tanada, a member of the Committee on Rules which met on Tuesday, said.

            He said that both members of the majority and minority in the Rules Committee did not raise a question on the issue.

             He explained that the Constitution states that even if the committee report does not endorse the impeachment, but if at least one-third or 79 of the total House members sign it, that is enough basis to override the decision of the committee and transmit the complaint to the Senate.

            Paragraph 4, Section 3, Article XI of the Constitution states: “In case the verified complaint or resolution of the impeachment is filed by at least one-third of all the members of the House, the same shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith proceed.”

           The House plenary has started discussing the rules on Tuesday and is expected to approve it by next week. Tanada expressed confidence that the impeachment rules will not face major amendments.

            After the plenary's approval of the rules, Tanada said that the Committee on Justice is expected to start its impeachment hearings by first week of August.

            It is given 60 session days to determine whether the complaint “has sufficiency in form, then in substance, then they will check if there is probable cause.”

             “So you are looking at least maybe five to six months” of hearings, he said.

            It could be recalled that some members of the House majority earlier wanted to have the impeachment rules changed and disallow the creeping method. This method was used in the impeachment of former President Estrada in 2000. Then-Speaker Manuel Villar quickly endorsed the complaint to the Senate when 79 House members have signed it even while the Committee on Justice was still having its hearings.

             Tanada, who is the LP representative to the impeachment panel in the House, said the opposition is confident that it will be able to gather the required 79 signatures—including from members of the ruling Lakas—to immediately transmit the complaint to the Senate. Forty-two congressmen have signed the complaint.