MANILA – The House Justice Committee on Wednesday, September 19 dismissed the impeachment complaint against Commission on Elections (Comelec) Chief Andres Bautista.
Twenty-six members of the committee voted on the complaint filed by lawyer Ferdinand Topacio and former Negros Occidental representative Jacinto Paras of the Volunteers Against Crime and Corruption (VACC) to be insufficient in form.
Only Representatives Harry Roque of Kabayan party-list and Gwendolyn Garcia of Cebu, who are also the endorsers of the complaint, moved to declare the impeachment raps sufficient in form.
The Comelec chief was accused of alleged culpable violation of the Constitution and betrayal of public trust.
The complaint against him stemmed from allegations of his estranged wife, Patricia Paz Bautista, that he had about one billion pesos of undeclared wealth in his 2016 Statement of Assets, Liabilities, and Networth (SALN).
According to the committee, the complainants used the wrong verification form when they the said their allegations “are true of our knowledge and belief on the basis of our reading and appreciation of documents and other records pertinent thereto.”
The complainants should have indicated personal knowledge on their allegations that are based on authentic documents.
Topacio and Paras filed substitute verification to correct what they had originally filed but the committee rejected the motion to adopt it.
Other lawmakers noted that the submission of a substitute verification proves that there is a defect in the complaint.
Oriental Mindoro Rep. Doy Leachon pointed out that there was “no leg to stand on” since the motion to adopt the substitute verification form was rejected.
“There was tacit, implicit, implied and expressed admission that the verification was defective, in view of the filing of motion to amend the previous verification,” Oriental Mindoro Rep. Doy Leachon said.
Because the motion to admit the substitute verification was denied, Leachon added that the complaints has “no leg to stand on.”
Majority leader Rudy Fariñas, meanwhile, pointed out that it was Comelec chief’s wife, Patricia, who should be the complainant, and not Topacio and Paras who “do not have personal knowledge.”
Fariñas also warned of perjury case, saying that the complainants stated that “in their first verification, [allegations are] based on knowledge and belief and upon reading of documents.”
“And then papalitan nila (they would change it to) personal knowledge based on authentic records. If you look at the allegations, most of them are not their own personal knowledge… several paragraphs are quotations from newspaper accounts,” he added.
Fariñas further pointed out that the complaint was “improperly filed” because it was addressed to the House of Representatives and not the House Committee on Justice.
In an interview after the hearing, Bautista’s wife she is disappointed but undeterred by the dismissal of the impeachment complaint against her husband.
“It is something that is expected. Because again, from my experience, as Andy said, he knows many different people in very high places. And this is proof of that,” Mrs. Bautista said.
“So I’m not surprised. Am I disappointed? Yes. Am I deterred? Absolutely not,” she added.
