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TanDem Complaint Impeachment Aquino

TanDem Complaint Impeachment Aquino

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Published by CBCP for Life
Impeachment
Impeachment

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Published by: CBCP for Life on Jul 23, 2014
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11/24/2014

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Republic of the Philippines HOUSE OF REPRESENTATIVES  Quezon City TANGGULANG DEMOKRASYA, INC., represented by EVELYN L. KILAYKO and TERESITA D. BALTAZAR.
 Complainant,
VERSUS
PRESIDENT BENIGO SIMEON C. AQUINO III.
Case No. _________ FOR:
CulpableViolation of Section25(5), Article VI of the 1987 Constitution, Bribery, Graft and Corruption, and Other High Crimes
Respondent.
x ----------------------------------------------------------- x
 
COMPLAINT TO IMPEACH PRESIDENT AQUINO
We,
Evelyn L. Kilayko
, Filipino, of legal age, married, and 
Teresita D. Baltazar
, Filipino, of legal age, married, after being duly sworn in accordance with law, jointly depose and state that: 1. Complainant
TanggulangDemokrasya, Inc.
(“TanDem”) is a non-stock and non-profit corporation formed, organized and existing under the laws of the Republic of the Philippines, with SEC Registration No. CN201205942, created for the primary purpose of defending democracy, comprised of citizens of the Philippines as members, and with principal office at c/o Rm. 303, State Condominium 1, Salcedo Street, Legaspi Village, 1229 Makati City, Philippines.TanDem is represented herein by its Chairman,
Evelyn L. Kilayko
,  jointly with its President,
Teresita D. Baltazar
. 2. Respondent
Benigno Simeon C. Aquino III
is the incumbent
President of the Republic of the Philippines
(“President Aquino”) who assumed office on 30 June 2010. He was proclaimed elected by Congress after the first automated elections for president held on 04 May 2010. He may be served with summons and other legal processes at the Office of the President, Malacanang Palace, Manila, Philippines.
 
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3. TanDem has authorized the filing of this Complaint to Impeach President Benigno Simeon C. Aquino III, for culpable violation of Section 25(5), Article VI of the 1987 Constitution, bribery, graft and corruption, and other high crimes, pursuant to Section 2, Article XI of the 1987 Constitution. A copy of the
Secretary’s Certificate dated __ July 2014
, authorizing the filing of the complaint and delegating corporate authority to the undersigned, is attached as
 Annex “A”
. 4. The substantive constitutional provision for the impeachment of the  president, pursuant to which this Complaint is filed, providesas follows: “The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office, on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.”
1987 Constitution, Article XI Accountability of Public Officers, Section 2.
FIRST GROUND I. President Aquino culpably violated the constitutional prohibition against the transfer of appropriations, by approving and implementing the Disbursement Acceleration Program (DAP) because:(1) the funds transferred were not savings; (2) the funds were transferred to items not covered by existing appropriations; and (3) the transfers were prohibited cross-border transfers.
Section 25(5), Article VI, 1987 Constitution.Araullo, et al, v. Aquino, et al, G.R. No. 209287, 01 July 2014.
5.The constitutional prohibition against the transfer of appropriations  provides as follows: “No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may, by law,be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations.”
1987 Constitution, Article VI Legislative Department, Section 25(5).
 6. Thus, as a general rule, the Constitution prohibits the transfer of appropriations made under the general appropriations law. 7. As an exception to the general rule, the Constitution allows the law to authorize the transfer of appropriations, provided that the funds transferred are “savings generated from the appropriations”, the “purpose of the transfer is to
 
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augment an item in the general appropriations law”, and the transfer is within the respective offices of the President including the entire executive branch, the Senate, the House of Representatives, the Supreme Court and the constitutional commissions.
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 8. During the period from October 2011 through September 2013, President Aquino personally and directly approved, authorized, directed and ordered the establishment and implementation of a Disbursement Acceleration Program (DAP) that pooled public funds from various appropriations, and applied the funds to uses other than those for which such funds were appropriated by law. 9. For this purpose, President Aquino personally and directly approved the following executive memoranda: (a)Memorandum for the President dated October 12, 2011 (
FY 2011 Proposed Disbursement Acceleration Program (Projects and Sources of Funds
); (b)Memorandum for the President dated December 12, 2011 (
Omnibus  Authority to Consolidate Savings/Unutilized Balances and its Realignment 
); (c)Memorandum for the President dated June 25, 2012 (
Omnibus  Authority to Consolidate Savings/Unutilized Balances and their Realignmen
); (d)Memorandum for the President dated September 4, 2012 (
 Release of  funds for other priority projects and expenditures of the Government 
); (e)MemorandumforthePresidentdatedDecember19,2012 (
Proposed Priority Projects and Expenditures of the Government 
); (f)Memorandum for the President dated May 20, 2013 (
Omnibus  Authority to Consolidate Savings/Unutilized Balances and their Realignment to Fund the Quarterly Disbursement Acceleration Program
); and (g)Memorandum for the President dated September 25, 2013 (
Funding  for the Task Force Pablo Rehabilitation Plan
).
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 10. Meanwhile on 18 July 2012, Secretary Florencio B. Abad of the Department of Budget and Management, acting in his capacity as
alter ego
 of President Aquino, issued National Budget Circular No. 541 directing the “Withdrawal of Agencies’ Unobligated Allotments as of June 30, 2012.”
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 11. “Taken together, all the issuances showed how the DAP was to be implemented and funded, that is — (1) by declaring “savings” coming from the various departments and agencies derived from pooling unobligated allotments and withdrawing unreleased appropriations; (2) releasing unprogrammed funds; and (3) applying the “savings” and unprogrammed funds to augment existing PAPs or to support other priority PAPs.”
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 12. As fate sealed it, “(on) September 25, 2013, Sen.
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Araullo, et al, v. Aquino, et al, G.R. No. 209287, 01 July 2014, pages 55-56.
2
 Id, pages 36-43.
3
 Id, pages 43-47.
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Id, page 47.

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