17 POLITICAL

Duterte revokes Trillanes amnesty; court orders his arrest

Senator IV is facing his previously dismissed rebellion and coup d’état charges again after President revoked the amnesty granted to him in 2011. Beyond the arrest of the senator, the crisis could have far more reaching consequences to those who were previously granted amnesty.

wo charges against Sen. Trillanes, a staunch critic of Pres. Duterte, have been revived in separate Regional Trial Courts (RTC) after the President Trevoked his amnesty through the issuance of Proclamation No. (PN) 572, s. 2018. The proclamation declares the amnesty granted to the senator void ab initio (void from the very beginning) after he allegedly failed to comply with the minimum prerequisites needed to qualify for amnesty – filing of an Official Amnesty Application Form and admission of guilt.

In 2010, Former Pres. Benigno Aquino III, through PN 75, granted amnesty to officers and personnel of the Armed Forces of the (AFP), the Philippine National Police (PNP), and their supporters, in connection with the 2003 Oakwood , 2006 Marines Stand-Off, and the 2007 Peninsula Incident. Based on the news the 2007 . Sen. Trillanes temporarily reports during that period, Sen. Trillanes, a former Navy avoided jail after posting bail worth P200,000. Notably, Judge Lieutenant, filed his amnesty application on January 5, 2011. Alameda is the same judge who previously dismissed these Although PN 572 was released publicly through the Manila charges against the senator way back in 2011 in pursuant to Times on September 4 while the President was in the middle of Mr. Aquino’s amnesty proclamation. In reopening the case, his state visit in Israel and Jordan, the document has already Judge Alameda explained that Sen. Trillanes failed to convince been signed since August 31. Following the release of the the court that he complied with the minimum requirements proclamation, the Department of Justice (DOJ) filed separate for the amnesty as he was not able to present an original, motions in 2 RTCs to issue a warrant of arrest and hold departure duplicate or even a photocopy of the application form. order against Sen. Trillanes over rebellion and coup charges. Meanwhile, another court, RTC Branch 148 Last September 25, the Makati RTC Branch 150 headed presided by Judge Andres Soriano deferred its decision to grant by Judge Elmo Alameda granted the motion of the DOJ, an arrest warrant and hold departure order on Sen. Trillanes. thereby reviving the senator’s rebellion case stemming from This is in connection with the coup d’état charges against

Proclamation No. 572 declares the amnesty granted to Sen. Trillanes void ab initio after he allegedly failed to comply with the minimum prerequisites needed to qualify for amnesty.

Philippine ANALYST POLITICAL September 2018 18 POLITICAL

The Department of Justice filed separate motions in 2 RTCs to issue a warrant of arrest and hold departure order against Sen. Trillanes over rebellion and coup de ‘tat charges.

The Makati RTC Branch 148 ordered the arrest of Sen. Trillanes but a bail was paid while the Makati RTC Branch 150 deferred the ruling and scheduled a hearing on October 5.

the senator regarding his participation in the 2003 Oakwood on Civil Service and Government Reorganization, headed by Mutiny. A hearing is scheduled on October 5. Unlike rebellion Sen. Trillanes, to conduct an inquiry in aid of legislation on the charges, however, coup d’état is a non-bailable offense. alleged conflict of interest of Sol. Gen. Calida2 Coincidentally, PN 572 was published on the first day of the scheduled Initially, PN 572 ordered law enforcement agencies to arrest congressional hearing on this issue. Sen. Trillanes. However, no arrest occurred as the senator stayed inside the Senate building to seek protection after Apart from this, the Senate minority also filed SR 887 to Senate President Vicente Sotto declared that no arrests will investigate the “fraudulent and erroneous” basis of PN 572. occur within the premises to preserve the chamber’s dignity. The senators described the proclamation as an abuse of presidential powers since it was issued despite photo and video His legal team then filed a petition to the Supreme Court evidence showing that Sen. Trillanes fulfilled the minimum (SC) to issue a temporary restraining order (TRO) against requirements for an amnesty grant. the enforcement of PN 572 to block any impending arrest. However, the SC denied their plea based on Pres. Duterte’s Presidential Spokesperson Harry Roque stood by their commitment that Sen. Trillanes will not be arrested without claims that Sen. Trillanes never filed for amnesty and that he a warrant issued by a trial court. Furthermore, the SC gave never admitted guilt, something that the Makati RTC Branch leeway to the RTCs to decide about the legality of PN 572. 150 seems to agree with. But in an apparent contradiction, Department of National Defense (DND) Secretary Delfin Sen. Trillanes attributed the revocation of his amnesty Lorenzana admitted that Sol. Gen. Calida called him to get to Solicitor General , who is currently under access to the supposed missing amnesty application of Sen. investigation over the P358 million worth of government Trillanes without any reasons before PN 572 was issued. A contracts that his family’s security firm, Vigilant Investigative staff of Sol. Gen Calida was then sent to look for the document. and Security Agency, Inc. (VISAI), won since 20161. Months before PN 572 was issued, the Senate minority group filed 2 The Senate minority group is composed of Sen. Trillanes, Liberal Party Senators , Senate Resolution (SR) 760 urging the Senate Committee , , , and Party Senator .

1 According to Senate Resolution 760, Solicitor General Jose Calida still owns 60% of the VISAI as of September 2016, some 2 months after he assumed office. His wife and 3 children owned the remaining 40% of the shares at 10% each.

Sen. Trillanes attributed the revocation of his amnesty to Solicitor General Jose Calida.

Philippine ANALYST POLITICAL September 2018 POLITICAL 19

In an apparent contradiction, DND Secretary Delfin Lorenzana admitted that Solicitor General Jose Calida called him to get access to the supposed missing amnesty application of Sen. Trillanes.

Sen. Trillanes is the 2nd senator under the Duterte administration to be ordered arrested.

As it stands, Sen. Trillanes is the second senator under Lastly, as former Solicitor General explained, the Duterte administration to be arrested. The first one was the government has also “placed on the line” the integrity of Liberal Party Sen. Leila De Lima who was incarcerated in the entire amnesty program and of the peace process since February 2017 over the alleged proliferation of drugs in the anyone who has received amnesty before could be put in New Bilibid Prison during her time as DOJ Secretary. Notably, the same predicament as the case of Sen. Trillanes. This the 2 senators are also the fiercest critics of Pres. Duterte also includes the rebel groups who will avail of the amnesty including his allies and policies such as the war on drugs. program as part of the implementation of the Bangsamoro Organic Law. Before being put to jail, Sen. De Lima, as then head of the Committee on Justice, led the Senate investigation on the alleged extra-judicial killings under the war on drugs campaign. September 2018 Approval and Trust Ratings of She was then stripped off the committee chairmanship and Top Gov’t Officials then scrutinized in a congressional hearing for the alleged charges against her. On the other hand, Sen. Trillanes initiated President Rodrigo Duterte’s approval and trust ratings several investigations on the alleged corrupt and drug-related sharply declined in September 2018. This is according to the activities of Pres. Duterte’s allies including his son and former latest results of Pulse Asia Research, Inc’s ‘Ulat ng Bayan’ Vice Mayor . national survey about the performance and trust ratings of How this issue will play out for Sen. Trillanes now rests on top government officials and key government institutions in the decision of the RTCs, particularly of Branch 148 where the the country. non-bailable offense of coup d’état is being sought to revive. The survey showed that public approval rating of Pres. His term as senator is also about to end in mid-2019, as he is Duterte fell by 13 percentage points to 75% this September not eligible for re-election after maximizing 2 terms. from 88% last June, a personal record low since assuming the But beyond the arrest of the senator, the nullification of presidency in June 2016 (see table on Historical Approval and his amnesty could have far more reaching consequences to Trust Ratings of Duterte). His disapproval scores also rose by the public. The first one concerns data privacy of individuals. 7 points to 10%. Notably, the decrease in approval scores was Data Privacy Lawyer Cecilia Soria explained that under these reflected across all socio-economic classes and geographic circumstances where a document was accessed without location including in , his bailiwick. lawful basis as Sec. Lorenzana disclosed, the DND might Among areas, the biggest decline was recorded in Luzon have “remiss in its duties to safeguard the personal data of at 17 points (resulting to 66%), followed by National Capital data subjects.” The same can happen with all the private Region (NCR) at 11 points (75%), Mindanao at 9 points (90%), documents of individuals who transact with the government. and Visayas at 6 points (83%). Double-digit decreases were also felt across classes led by Class D at 13 points (74%), then in Cl a s s ABC at 12 p o int s (72%), a n d Cl a s s E at 10 p o int s (81%).

Philippine ANALYST POLITICAL September 2018 20 POLITICAL

HISTORICAL APPROVAL OF PRES. DUTERTE

Approval Ratings of Pres. Duterte 100 91 86 88 83 82 78 80 80 80 80 75

60

40

20

0 Jul. '16 Sept. '16 Dec. '16 Mar. '17 Jun. '17 Sept. '17 Dec. '17 Mar. '18 Jun. '18 Sept. '18

Source: Bangsamoro Organic Law

HISTORICAL TRUST RATINGS OF PRES. DUTERTE

Trust Ratings of Pres. Duterte 100 91 86 87 83 82 81 80 78 76 80 72

60

40

20

0 Jul. '16 Sept. '16 Dec. '16 Mar. '17 Jun. '17 Sept. '17 Dec. '17 Mar. '18 Jun. '18 Sept. '18

Source: Bangsamoro Organic Law

Public approval rating of Pres. Duterte fell by 13 points to 75% this September from 88% last June, a personal record low since assuming the presidency.

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The approval and trust ratings of Vice President remain virtually unchanged from the previous quarter.

Likewise, the trust rating of Pres. Duterte slowed to 72% The high trust and approval ratings of VP Robredo with in September, a 15-point drop from 87% in the June survey, the Class E or the poorest of the poor can be attributed to the also a personal record-low. Significant decreases in his trust impact of the flagship anti-poverty project of her office,Angat scores were also posted across all classes and areas. Buhay, which as of July 2018 have helped more than 155,000 families since 2016. The largest decline in the President’s trust ratings were felt in Luzon at 20 points (64%), followed by NCR at 16 points For his part, Senate President Vicente “Tito” Sotto III fared (63%), Visayas at 13 points (79%), and Mindanao at 4 points well in his 1st survey with Pulse Asia as the top leader of the (90%). Among classes, decreases were felt in Class D at 16 Senate. Sen. Sotto recorded a 73% approval rating and 66% points (71%), Class E at 12 points (76%), and Class ABC at trust rating in September. 9 points (73%). Across geographical areas, the Senate President received For Vice President (VP) Leni Robredo, approval and trust the highest approval rating in NCR at 76%. This was followed ratings remain virtually unchanged from the previous quarter. by Mindanao (75%), Visayas (74%), and Luzon (69%). He also The approval score of VP Robredo barely declined by a point obtained high approval scores across classes led by Class to 61% in September from 62% last June, while her trust score ABC at 79%, Class D at 73%, and Class E at 67%. did not move at all at 56%. Sen. Sotto also garnered the highest trust ratings in Visayas VP Robredo’s approval ratings varied across geographic at 68%, followed by the 67% in Mindanao, 66% in NCR, and areas and classes. While it increased by 17 points in Visayas 65% in Luzon. In terms of socio-economic classes, the Senate (80%), it was offset by an 11-point decline in Mindanao (62%) President also received high trust scores among Class D at and a 9-point drop in NCR (49%). It remains unchanged, 68%, Class E at 62%, and Class ABC at 56%. however, in Luzon (56%). Moreover, her approval ratings experienced a 12-point jump among Class ABC (53%) and a As an institution, the Senate obtained an approval rating 5-point increase among Class E (68%), but it declined by 3 of 63% in September, a 6-point drop from 69% last June. Its points among Class D (60%). approval scores registered declines across all areas and classes. Meanwhile, trust ratings of VP Robredo experienced a 14-point increase in Visayas (76%), but there were minimal Meanwhile, Pulse Asia did not measure the approval declines in other areas: Mindanao by 4 points (56%), NCR by ratings of Former President and now House Speaker Gloria 3 points (43%), and Luzon by a point (53%). Her trust ratings Macapagal-Arroyo because according to their metrics, also surged by 16 points among Class E (66%) and 9 points the approval scores are used to assess the work done by among Class ABC (41%), but it dropped by 3 points among government officials 3 months prior to the survey proper. Rep. Class D (56%). Arroyo only assumed the speakership on July 23. However, the group were able to measure public trust on her.

Philippine ANALYST POLITICAL September 2018 22 POLITICAL

Senate President fared well in his first survey with Pulse Asia as the head of the Senate.

House Speaker Gloria Macapagal-Arroyo received a trust rating of 19%, the lowest among the top government officials in the survey.

Trustworthiness is the biggest issue with Rep. Arroyo as The performance of the SC was viewed negatively by the she received a trust rating of 19% in September, the lowest public, as shown by an 11 point-drop in its approval rating to a m o n g t h e to p g ove r n m e n t offi c i a l s i n c l u d e d i n t h e s u r vey. M ore 52% in September from 63% last June. It declined sharply than 43% express distrust in her while 37% remain ambivalent. across all classes and areas except in NCR where it remains She received the highest trust score in Mindanao at 30%, unchanged. followed by Visayas (19%), NCR (18%), and Luzon (14%). She received 25% trust scores from Class ABC, 22% from Class Although Pres. Duterte still enjoys relatively high approval E, and 18% from Class D. The trust issues with Rep. Arroyo and trust ratings, the double-digit declines he experienced could have stemmed from her tarnished presidential legacy this quarter indicates a growing frustration of the public to his which was characterized by corruption scandals. performance particularly in issues that directly affects them. The main trigger here could be the continuous rise in food The House of Representatives did not perform well either and fuel prices in recent months highlighted by a 9-year high as their approval ratings declined by 10 points to 56%, from inflation of 6.4% in August, surpassing government estimates. 66% in June. Like with the Senate, the approval scores of the Unfortunately, its announcement even coincided with the lower chamber declined across all areas and classes. survey period. The rice crisis in several areas of the country could have contributed to the decline as well. Incumbent Supreme Court (SC) Chief Justice Teresita Leonardo de-Castro was not included in the survey since she While there are efforts from economic managers to only assumed the post few days before the survey started. It taper the effects of inflation, Pres. Duterte’s recent actions was then acting CJ who was assessed and particularly the issuance of the proclamation declaring the received a relatively low approval rating of 42%, with 40% of amnesty granted to his staunch critic Senator Antonio Trillanes Filipinos remain undecided with his performance. Furthermore, IV in 2011 invalid, may have worsen public perception against most Filipinos (45%) are undecided with his trustworthiness him. His action created an impression to the public that the compared to only 33% who have trust in him. government prioritizes politicking instead of addressing more critical issues such as rising prices head on. If these economic woes continue until the end of the year, the President’s approval and trust ratings is expected to decline further.

The main trigger for the decline in Pres. Duterte’s approval and trust scores could be the rising inflation which peaked at a 9-year high of 6.4% in August.

Philippine ANALYST POLITICAL September 2018 POLITICAL 23

ABOUT THE SURVEY:

Conducted from September 1-7, 2018, the Pulse Asia poll used a multistage probability sample of 1,800 registered voters 18 years old and above. The nationwide survey has a ±2% error margin at the 95% confidence level. Meanwhile, the subnational estimates for geographic areas covered in the survey have the following error margins at the 95% confidence level: ±6% for , ±3% for the rest of Luzon, and ±5% for each of Visayas and Mindanao

Bangsamoro plebiscite set on January 2019 Last July 27, President Rodrigo Duterte signed Republic Act (R A) 110 5 4 or t h e BOL , a re c on c il e d ve r s i on of Ho u se B ill 6 475 The fate of the Bangsamoro Autonomous Region now rests on and Senate Bill 1717. The BOL is a landmark legislation which the results of the plebiscite scheduled on January 2019. It is a intends to replace the Autonomous Region in Muslim Mindanao historic step towards achieving lasting peace and prosperity (ARMM) with a more fiscally and politically autonomous entity in Mindanao. called the Bangsamoro Autonomous Region.

The Commission on Elections (Comelec) en banc has set Under the BOL, the proposed Bangsamoro Autonomous the plebiscite for the ratification of the Bangsamoro Organic Region will be composed of the current ARMM provinces Law (BOL) on January 21, 2019. More than 3 million voters (Basilan, Sulu, Tawi-Tawi, Lanao del Sur, and Maguindanao); which include members of the Moro Islamic Liberation Front 6 municipalities in Lanao del Norte (Baloi, Munai, Nunungan, (MILF) are expected to participate in the plebiscite. Pantar, Tagoloan, and Tangkal) which voted for inclusion in the ARMM during the 2001 plebiscite; 39 barangays in North Moreover, the election body also scheduled a 45-day C ot a bato wh i c h a l s o vote d to b e in c lude d in t h e ARMM in 20 01; campaign period for the plebiscite from December 7, 2018 to City; and Iligan City (see table on List of barangays January 19, 2019. The entire plebiscite period, meanwhile, will in North Cotabato included in plebiscite). However, the final run from December 7, 2018 until February 5, 2019. territorial jurisdiction of the Bangsamoro will be determined only after the plebiscite. A majority “yes” votes among the valid The projected cost of the Bangsamoro plebiscite is pegged votes cast are needed in the respective localities for them to at P857 million. However, the fund was not included in the be part of the new region3. P10.27 billion proposed budget for Comelec in 2019 since the BOL was not yet signed when the Department of Budget and Management (DBM) submitted the national budget to 3 Votes in the entire present-day ARMM will be counted as one. For cities, municipalities, and barangays outside ARMM, a double majority vote is required to join the Bangsamoro Autonomous Region. For Congress last July 23. Both the Senate and the House of example, the municipality of Baloi should get majority “yes” votes among the votes cast in their locality, as well as the majority “yes” votes of the entire Lanao del Norte. If they failed to achieve that, they Representatives committed to work on providing the necessary cannot join the new region. budget to carry out the plebiscite.

The Commission on Elections en banc has set the plebiscite for the ratification of the Bangsamoro Organic Law on January 21, 2019.

The projected cost of the Bangsamoro plebiscite is pegged at P857 million.

Philippine ANALYST POLITICAL September 2018 24 POLITICAL

BARANGAYS IN NORTH COTABATO INCLUDED IN THE PLEBISCITE

MUNICIPALITY OF MUNICIPALITY OF MUNICIPALITY OF MUNICIAPALITY OF MUNICIPALITY OF MUNICIPALITY OF ALEOSAN CARMEN KABACAN MIDSAYAP PIGKAYAWAN PIKIT

Damatulan Lower Baguer Dunguan Manarapan Nanga-an Bagoinged Kadigasan Balacayon Balatican Lower Mingading Nasapian SImbuhay Kadingilan Buricain S. Balong Kapinpilan Datu Binasing Tapodoc Sanggadong S. Balongis Kudarangan Kadingilan Batulawan Centra Labas Matilac Buloik Malingao Patot Gokotan Mudseng Lower Pangangkalan Kabasalan Nabalawag Lagunde Olandang Macabual Sambulawan Macasendeng Tugal

Source: Bangsamoro Organic Law

LIST OF INTERGOVERNMENTAL BODIES UNDER THE BOL

INTERGOVERNMENTAL BODY FUNCTION

Philippine Congress-Bangsamoro Parliament Forum Cooperation and coordination of legislative initiatives

Address revenue imbalances and fluctuations in regional financial Intergovernmental Fiscal Policy Board needs and revenue-raising capacity of the region

Formulating polices relating to the Zones of Joint Cooperation in Joint Body for the Zones of Joint Cooperation the Sulu Sea and Moro Gulf

Coordinating and synchronizing national and Bangsamoro Intergovernmental Infrastructure Development Board infrastructure development plans

Resolve energy issues referred to it by the Intergovernmental Intergovernmental Energy Board Relations Body

Integration and harmonization of economic, social, and Bangsamoro Sustainable Development Board environmental considerations as vital dimensions of sustainable development

Source: Bangsamoro Organic Law

The Bangsamoro Government is also granted with powers will then be elected by the Parliament, and appoint members over several matters such as health, education, budgeting, of the Cabinet, majority of whom should be members of the tourism development, trade and industry, disaster risk reduction Parliament. and management, economic zones, and urban and rural planning (see table on List of Powers Granted to Bangsamoro Apart from the Chief Minister, there will also be a ceremonial Government). All powers not granted to the Bangsamoro are head of the Bangsamoro government called the Wali, who will automatically vested in the national government. be selected by the Parliament from the list of eminent residents in the region submitted by the Council of Leaders. The Wali According to the BOL, the highest organ of government is mandated to perform ceremonial roles such as opening in the region is the Bangsamoro Parliament composed of 80 the session of Parliament and administering oath of office. members. It is tasked to set policies and legislate matters within its authority. Of this figure, 50% will come from political parties, Several intergovernmental mechanisms will be instituted 40% from parliamentary districts, and the remaining 10% under the BOL to facilitate efficient relations between the from sectoral representatives such as non-Moro indigenous Bangsamoro and National governments. One of which people, youth, and women. is the National Government-Bangsamoro Government Intergovernmental Relations Body which is tasked to resolve The Parliament will elect among them a Chief Minister who and negotiate issues between the 2 entities. Other entities will head the Bangsamoro Government, exercise executive were also created for a more specific task (see table on List authority, and run its day-to-day operations. The Chief Minister of Intergovernmental Bodies under the BOL). also has the authority to nominate 2 Deputy Chief Ministers who

The highest organ of government in the region is the Bangsamoro Parliament composed of 80 members.

Philippine ANALYST POLITICAL September 2018 POLITICAL 25

The enactment of the BOL is a major legislative victory for Pres. Duterte and the 17th Congress.

LIST OF POWERS GRANTED TO BANGSAMORO GOVERNMENT

Administration of Justice; Humanitarian services and institutions; Administrative Organization; Human rights; Agriculture, Livestock and Food Security; Indigenous people’s rights; Ancestral domain and Natural Resources; Inland waters; Barter trade and countertrade; Inland waterways for navigation; Budgeting; Islamic banking and finance; Business name registration; Labor, employment and occupati Science and technology, research councils, and scholarship programs; Cadastral land survey; Social services, social welfare, and charities; Civil service; Sports and recreation; Classification of public lands; Technical cooperation for human resource development; Cooperatives and social entrepreneurship; Tourism development; Creation, division, merger, abolition or alteration of boundaries of municipalities and barangays; Trade and Industry; Creation of government-owned or controlled corporations and pioneer Urban and Rural Planning Development; firms; Urban land reform and land use; and Creation of sources of revenues; Water supply and services, flood control and irrigation systems Cultural exchange, and economic and technical cooperation; Culture and language; Customary laws; Development programs and laws for women, labor, youth, elderly, differently ables, and indigenous people; Disaster risk reduction and management; Ecological solid waste management and pollution control; Economic zones, industrial centers and free ports; Education and skills training; Eminent domain; Environment, parks, forest management, wildlife and nature reserves conservation; Fishery, marine and aquatic resources; Grants and donations; Hajj and Unrah; Health; Housing and human settlements;

Source: Bangsamoro Organic Law

Philippine ANALYST POLITICAL September 2018 26 POLITICAL

The Bangsamoro Region is also entitled to 75% of all Pampanga 2nd District Representative and House Speaker national taxes, fees, and charges collected in their territory, Gloria Macapagal-Arroyo (PDP-Laban) also voted to dismiss except for tariff and customs duties. The remaining 25% the complaint last September 25. goes to the national government. Apart from this, an annual block grant equivalent to 5% of the net national internal The impeachment complaints were filed by Albay 1st revenue tax collection of the Bureau of Revenue (BIR) and net District Rep. Edcel Lagman (Liberal Party), Party- collections of the Bureau of Customs (BOC) will be granted to list Rep. Gary Alejano, and Ifugao Rep. Teddy Baguilat Jr the Bangsamoro. The Bangsamoro Transition Commission (L ib e r a l Pa r t y). A k baya n Pa r t y- li st Re p. To m V ill a r in wa s in i t i a ll y estimates that the 5% grant ranges from P60-70 billion. included as a complainant, but was later removed because of his failure to sign the complaints. Defense and security of the Bangsamoro will still be the responsibility of the national government. Notably, former The 3 legislators accused Chief Justice members of the Moro Islamic Liberation Front (MILF) and the and 6 associate justices of culpable violation of the Constitution Moro National Liberation Front (MNLF) may choose to join the for granting the quo warranto petition filed by Solicitor General Philippine National Police Regional Office in Bangsamoro as Jose Calida against Sereno. The 6 associate justices are the BOL relaxed some qualifications such as the age, height , , , Noel and educational attainment. Tijam, Andres Reyes Jr. and Alexander Gesmundo. Former SC Associate Justice , who also voted to The enactment of the BOL is a major legislative victory oust Sereno, was not included in the complaint since he for Pres. Duterte and the 17th Congress. It signifies a historic already retired in the SC last July to assume his new post as step towards solving the longstanding conflict between Moro Ombudsman. separatist groups and the Philippine government dating back to 1972. The peace and order then are expected to usher in Furthermore, the complainants also accused CJ De economic development in the region. Castro and Justices Peralta, Bersamin, Jardeleza, and Tijam of betrayal of public trust for refusing to inhibit from the quo Latest data from the Philippine Statistics Authority (PSA) warranto case after testifying against Sereno during the House showed that the ARMM is the poorest region in the country, impeachment complaint hearings. with poverty incidence among population reaching 53.7% in 2015. This is equivalent to more than 2 million poor people Based on House Rules, the first task of the Committee on in the region. Although the economic growth of the ARMM Justice is to determine if the complaint is sufficient in form and accelerated to 7.3% in 2017 from 0.4% in 2016, the region substance before allowing the respondents (SC Justices) to only contributed 0.6% to the national economy. reply to the allegations. During its 1st hearing last September 4, the committee unanimously ruled that the complaints are After undergoing the tedious legislative process, the next “sufficient in form.” Sufficiency in form is met if the complaint critical part for the BOL and its advocates is to hurdle the is verified which means that the complainants must have a plebiscite. A majority “yes” votes among total votes cast would personal knowledge of the allegations or that these are based ratify the BOL and establish the Bangsamoro Autonomous on authentic documents. Region. Failure to get enough votes would spell doom for the BOL, throwing away years of negotiations and work. Hence, However, last September 11, the committee voted, 23-1, intensive campaign and careful communications plan are declaring the complaints to be insufficient in substance. Only needed to get the support of the political leaders and the Siquijor Rep. Ramon Rocamora (PDP-Laban) voted that the public to put the law into action. complaints were “sufficient in substance.” Under the House Rules on Impeachment, a complaint is “sufficient in substance” if the there is a recital of facts constituting the offense charged House panel junks impeachment complaint and determinative of the jurisdiction of the committee. against 7 SC justices In defending the complaint, Rep. Lagman argued that Congress has the sole power to remove all impeachable The House Committee on Justice officially dismissed the officials from office only through the process of impeachment. consolidated impeachment complaints filed against 7 Supreme Rep. Rocamora also explained that the SC justices showed Court (SC) justices who voted to remove former Chief Justice clear bias against Sereno during the impeachment hearings (CJ) through a quo warranto petition. and thus, should have inhibited themselves from voting in the quo warranto case. Voting 22-0, the committee, chaired by Oriental Mindoro 1st District Representative Doy Leachon (PDP-Laban) has Meanwhile, majority of the committee members asserted approved the Committee Report rejecting the complaints that the facts recited failed to constitute the offense, adding against the SC Justices due to insufficiency in substance. that the quo warranto petition was clearly under the jurisdiction of the SC. Impeaching the 7 justices on that basis was seen

Voting 22-0, the House Committee on Justice approved the Committee Report rejecting the consolidated impeachment complaints against the 7 Supreme Court Justices.

Philippine ANALYST POLITICAL September 2018 POLITICAL 27

The complainants accused Chief Justice Teresita De Castro and 6 associate justices of culpable violation of Constitution for removing Former Chief Justice Maria Lourdes Sereno through quo warranto petition.

The Committee on Justice found the complaint sufficient in form but insufficient in substance.

Justice committee members asserted that impeaching the 7 justices was tantamount to the violation of the separation of powers. to be tantamount to the violation of the separation of powers. least 1/3 of all House members rejects it just like the case of AKO BICOL Party-list Rep. Alfredo Garbin Jr. even argued Former Commission on Elections (Comelec) Chairman Andres that the “standard upon which impeachable officers are held Bautista in 2017. If that happens, the Committee on Justice to are now higher” since quo warranto petition gives Filipinos will prepare the Articles of Impeachment and transmit it to the another way to hold impeachable public officials accountable. Senate to convene as the impeachment court.

Cavite 2nd District Rep. Strike Revilla (PDP-Laban) The impeachment case against Mr. Bautista stemming also defended the appearance of the Justices during the from his alleged failure to properly declare properties in his impeachment proceeding against Sereno, arguing that as Statement of Assets, Liabilities and Networth (SALN) and resource persons they helped the committee in performing its ill-gotten wealth, was also dismissed by the Committee on constitutional mandate. In that way, Rep. Revilla emphasized Justice but was overturned by the House plenary with a vote that the SC justices “recognized the supremacy of the people, of 137-75. The Senate did not proceed with the impeachment exercised through their duly chosen representatives.” hearing since Mr. Bautista already resigned the day the House impeached him. During the September 11 hearing, Rep. Lagman also raised a motion of reconsideration after the vote took place. But since Despite this possibility, there is, however, little to no chance he is just a complainant and not a committee member, the the report would be overturned since no less than Speaker Justice Committee asked him instead to file a manifestation to Arroyo herself, together with other House leaders, voted to clarify his arguments against the committee ruling. However, dismiss it. Furthermore, the looming midterm elections as well Rep. Lagman never filed any manifestation or pleading before as the impending retirement of CJ De Castro in October 10 the committee formally approved the report last September 25. would make impeachment an irrelevant endeavour.

Currently, the impeachment complaint against the 7 justices is not technically dead as the Committee on Justice still needs to submit the committee report to the plenary for their approval. Under House Rules, the report can still be overturned if at

The impeachment complaint is not technically dead as it still needs the approval of the House plenary.

Philippine ANALYST POLITICAL September 2018