REPUBLIC OF THE PHILIPPINES

HOUSE OF REPRESENTATIVES
House of Representatives Complex
Constitution Hills, Quezon City
IN THE MATTER OF THE IMPEACHMENT
OF BENIGNO SIMEON COJUANGCO AQUINO III
AS PRESIDENT OF THE PHILIPPINES
Bagong Alyansang Makabayan BA!AN" S#$%#&a%y'
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Complainants.
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IMPEACHMENT
COMPLAINT
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
Complainants most respectfully state-
PREFATOR!
The Disbursement Acceleration Program turned the General
Appropriations Act into one man’s pork barrel. By virtue of
his unchecked exercise of discretion, President Benigno
Simeon Aquino III juggled funds from one program to
another, or in the case of DAP, to projects based on his mere
whim. The DAP is not only fscally and economically
unsound but also evil. It not only destroys accountability but
worse, spends public funds according to the discretion of
just one man, the President.

If the Priority Development Assistance Fund (PDAF) is evil,
DAP is so much worse in terms of magnitude and
vulnerability to corruption. The DAP, as mentioned, covers
the entirety of the GAA. It is controlled by one man -- the
President. Without meaning to mitigate culpability, in the
PDAF, at least, the corrupt Representative must connive with
so many more personalities to reap the stolen proceeds. The
DAP, on the other hand, has built-in mechanisms to allow
both corruption and impunity to take their course smoothly
and unimpeded.

That DAP is pork can be seen so clearly in the lump-sum
discretionary spending that allowed P17.3 billion in extra
pork for lawmakers, P6.5 billion in extra pork for LGU’s, or
the P2 billion roadworks for the President’s home province of
Tarlac.

It is not enough that the Supreme Court has declared the
DAP unconstitutional and therefore void. The proceedings
against it must be taken to the next level – as the Supreme
Court itself advises. Go after the proponents of the DAP and
examine its implementation.

This impeachment is the proceedings that logically follows
the DAP’s unconstitutionality. It tests the President’s
intention in illegally summoning his powers to concoct the
DAP, or more precisely, making the GAA his sole slush fund
for whatever he wishes.

He says he acted in good faith. We say he did not. He
culpably violated the Constitution. Nilapastangan niya ang
Saligang Batas.
Pae * of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x

The President knew or ought to have known that converting
the GAA into one big pork barrel fund is not just illegal but
immoral. It is contrary to the laws of the land and of good
and principled conscience to devise a scheme that places
public funds – the people’s money, the ultimate of all trust
funds – in his own hands for use according to his whim. The
President himself recognized this practice as evil during the
time of Gloria Macapagal-Arroyo. It cannot now be good just
because he is the trustee of such funds.

Pork barrel by any other name -- especially if the pork has
gotten fatter and its proponents greedier-- can never be good
nor benefcial. Pork causes social hypertension and cancer
and altering its name will not change the fatal efects.

The President insists, as we saw last July 14, 2014, that he
is right, and everyone else is wrong.

In his words, DAP was correct. “Tama ang intensyon, tama
ang pamamaraan, tama ang resulta.”

Pero mali ang intensyon. Nilayon ni Aquino na ipitin sa
pamamagitan ng DAP ang daan-daang bilyong pondo, na
inilaan na ng Kongreso para sa tukoy na mga
pagkakagastusan, para lang gawing higanteng pork barrel
niya.

Mali rin ang pamamaraan. Inagaw ni Aquino ang
kapangyarihan ng Kongreso at lansankang nilabag ni Aquino
ang Saligang Batas, ang General Appropriations Acts at iba
pang mga batas.

At lalong mali ang resulta. Naging pork barrel ni Aquino ang
P144 Bilyong pondong DAP at ginamit sa mga proyektong
kwestyunable o hindi naman nagpasigla ng ekonomya o
nakatulong sa mahihirap. Bilyun-bilyon ang napunta sa
panunuhol at dagdag na pork barrel ng Kongreso at may
sinasabi pang P450 milyon na nauwi sa mga pekeng NGOs ni
Janet Napoles.

Sa pamamagitan ng DAP, pinasahol pa ni Aquino ang korap
na sistemang pork barrel sa bansa, salungat sa pangako niya
“daang matuwid.”

The President says DAP is a stimulus program done in good
faith. This is belied by the list of DAP projects, most of which
have nothing to do with stimulating the economy save for
Pae / of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
increasing government expenditures. In fact, the Executive
misrepresented a World Bank report to falsely exaggerate
DAP’s impact on the economy. But even if stimulating the
economy were his motive, the President could have done so
without violating the Constitution and the law.

Lest we forget, it is the President who formulates the budget
every year. This is the very same budget approved almost in
toto every year by a Congress dominated by his allies. Why
then did he have to secretly realign the budget that he
himself proposed, in such staggering amounts, and in such a
brazen manner? Why not simply submit a better-prepared
budget the next year to an overly compliant Congress? Why
insist that only he, not Congress, has the wisdom to decide
“priority projects”?

The answer is clear as day: DAP is pork barrel on
steroids. Through DAP, President Aquino exercised absolute
power over billions of public funds and, as a result, placed
the fate of entire institutions, local government units and
politicians in his hands. DAP gave the President power,
immense and absolute. And we all know that absolute power
corrupts absolutely.

We cannot buy the idea of good faith. Otherwise, any public
ofcial who violates the Constitution will always cry the
same when he violates the law and expects to get away with
it. We see the DAP for what it is – a political largesse gone
mad and wrong, a straight path to dictatorship that has to
be stopped.

On top of the President’s hypocritical arrogance to condemn
everyone else but himself is his failure to properly account
for the funds that were disbursed. Several television
appearances in all, the President has failed to disclose how
the people’s money was actually spent.

Lack of accountability is not simply the problem. It has been
documented that he spent part of the DAP in trying to
infuence the impeachment and conviction of Chief Justice
Renato Corona. Not only did DAP corrupt public ofcials, it
also undermined the separation of powers of the Executive
and Legislative branches.

The President’s DAP is not an academic exercise in
budgetary management. It is the creation of a program and
the propagation of a culture that breeds, and actually bred,
corruption. It violates the written and unwritten principles of
Pae , of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
the Constitution, from Preamble to Ordinances, and turns
upside down the virtues that your grandmother had taught
you, such as not coveting other people’s belongings.

Thus Complainants accuse President Aquino of culpably
violating the Constitution by usurping Congress’ power of
the purse and undermining the principles of separation of
powers and system of checks and balances. They likewise
accuse the President of betraying the public trust by
exacerbating the corrupt pork barrel system, committing
tyrannical abuse of his powers, violating his oath of ofce,
and perpetrating multiple counts of technical malversation
and corruption of public ofcials.

For this, he must be held to account so that lessons must be
learned. For this he must be impeached.

This complaint is one means of seeking accountability
because accountability has long been due and because no
one wants to truly come clean about the DAP. Not the
President. Not his men. Not the politicians that gained from
his illegal and unconstitutional acts.

And so, ironically enough, in the words of the President
himself:

“Through the impeachment, we have a clear-cut example
of accountability, obtained through constitutionally
ordained processes that show the rule of law at work—
processes that clearly show the interdependence and the
equality of all three branches of government,
where primus inter pares does not apply. Through the
impeachment, all branches of the Philippine government
were tested solely according to the litmus test of how
they served the Filipino people.”
1
NATURE OF THE ACTION
'. 0his is a verified Impeachment Complaint aainst
PRESIDENT BENIGNO SIMEON COJUANGCO AQUINO III for
CULPABLE VIOLATION OF THE CONSTITUTION an, BETRA!AL
1
Speech of President Benigno Aquino III at the 123rd founding anniversary of the Philippine Bar
Association, June 26, 21!" #availa$le athttp%&&'''"gov"ph&21!&6&26&speech(of(President(BS
A)*I+,(at(the(123rd(anniversary(of(the(philippine($ar(association& last accessed July -, 21!"
Pae 1 of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
OF PUBLIC TRUST pursuant to !ection *, "rticle 2I of the '34.
Philippine Constitution.
*. 0he 5asic thesis of this Impeachment Complaint is that
throuh the 6is5ursement "cceleration Proram 76"P8
*
, President
Benino !. "9uino III
/
as Chief :xecutive centralized and controlled
pu5lic funds, throuh disinenuous acts and practices, and turned it
into his o;n Presidential por< 5arrel, in violation of the Constitution
and la;s, constitutin a usurpation of the po;er of the =eislature
and a moc<ery of the principle of separation of po;ers and chec<-
and-5alance in overnment.
/. In order to enlare the por< in his hands, President
"Q#I$%, 5y himself or throuh his alter eos, authored, proposed
and implemented the ;hole 6"P mechanism and collated the already
appropriated funds for different pro>ects.
,. 0his ;hole 6"P essentially served as the president?s por<
5arrel ;hich he also used to 5ri5e, ive re;ards or rant favors to
politicians and allies and 5ecame the <itty of corruption for those in
po;er.
1. But these pu5lic funds are the money of the people. 0he
people and the pu5lic interest are victims of the ;hole 6"P. @e all
demand as a matter of riht that some5ody 5e made accounta5le.
(. "nd the facts ;ill sho; that the 5uc< stops ;ith President
"Q#I$%. He is responsi5le and accounta5le for the 6"P and must
5e impeached.
JURISDICTION
.. 0his verified impeachment complaint is 5ein filed 5efore
the Honora5le House of Representatives, for immediate referral to its
Committee on )ustice pursuant to its Rules and "rticle 2I, !ection /
of the '34. Philippine Constitution.
,

PARTIES
2
.ereinafter /0AP"1
3
.ereinafter /President A)*I+,"1
4
Section 2 #$2, 3ule II of the 3ules of Procedure in I4peach4ent Proceedings in the .ouse of
3epresentatives in relation to Section !2, 3ule 5 and Section 2- #aa2, 3ule I5 of the 3ules of the
.ouse of 3epresentatives and 6rancisco, Jr" vs" .ouse of 3epresentatives #7"3" +o" 16261, 1
+ove4$er 232, 'hich i4ple4ent Article 5I, Section 3 of the 8onstitution"
Pae ( of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
4. Complainants are all of leal ae, Ailipino citizens, and
taxpayers, namely-
a. Baon "lyansan Ba<a5ayan 7B"&"$8 !ecretary-Ceneral
Renato B. Reyes, )r., ;ith office address at D' Baaralin !treet, Bry.
Central, Quezon CityE
5. Confederation for #nity, Reconition and "dvancement of
Covernment :mployees 7C%#R"C:8 President Aerdinand Caite,
;ith office address at ''4 !cout Rallos, Bry. !acred Heart, Quezon
CityE
c. Folunteers "ainst Crime and Corruption 7F"CC8 Aoundin
ChairmanGPresident 6ante )imenez, ;ith office address at F"CC
#nit ('+, (th Aloor, Corporate Center, '/' @est "ve., Quezon CityE
d. "tty. )ose Balvar Filleas )r., la;yer, Aoundin Chairman
and President, Citizens Crime @atch, ;ith residence at #nit *++1
"storia Plaza, $um5er '1 :scri5a 6rive, %rtias Business Center,
Pasi CityE
e. "rch5ishop %scar F. Cruz, )C6, "rch5ishop :meritus,
)udicial Ficar, Catholic BishopsH Conference of the Philippines-
$ational "ppellate Batrimonial 0ri5unal, ;ith office address at /
rd
Aloor, CBCP Buildin, ,.+ Ceneral =una !treet, Intramuros, BanilaE
f. Bishop :merencio 6. Padillo, )urisdictional Bishop Biddle
=uzon, #nited Church of Christ in the Philippines 7#CCP8, ;ith office
address at #CCP, /rd Aloor., 4.. :6!", Quezon CityE
. )oselito 0. Cruz, Ilesia Ailipina Independiente 7IAI8 Ceneral
!ecretary, ;ith office address at IAI Central %ffice, '1++ 0aft "ve,
:rmita, BanilaE
h. =iza = Baza, co-chairperson of Ba<a5ayan, ;ith office
address *+ Barunon !t., Bry. Central, Quezon CityE
i. Prof. )udy B. 0aui;alo, Ph6, Professor, Collee of !ocial
@or< and 6evelopment, #niversity of the Philippines 6ilimanE
>. Ramon =uis ". !ilvestre, music directorE
<. Ben>amin "lfor9ue, B!C, Church PeopleHs "lliance "ainst
Por< BarrelE
l. Barie !ol !. Fillalon, Chairperson, Promotion for Church
People?s Response, ;ith office address at 4.3 :6!", Quezon CityE
m. !andra Cam, President, @histle5lo;ers "ssociationE
Pae . of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
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n. Iilusan Ba5u5u<id n Pilipinas 7IBP8 Chairperson Rafael
F. Bariano, ;ith office address at *'.-B "lley ', Road ., Pro>ect (,
Quezon CityE
o. :lmer C. =a5o, Chairperson, Iilusan Bayo #no 7IB#8,
;ith office address at Balai %5rero, D(/ $arra !treet, Pro>ect /,
Quezon CityE
p. Birante International Chairperson Carry Bartinez,
7BICR"$0:8, ;ith office address at D,1 Cam5ride !treet, Cu5ao,
Quezon CityE
9. Prof. 6anilo ". "rao, "ssociate 6ean, Collee of Bass
Communications, #niversity of the Philippines 6ilimanE
r. Ro5ert 0. Bendoza, R2 Por< Convenor, !ecretary-Ceneral,
"lliance of Health @or<ers, ;ith office address at Room (+/, @e5>et
Buildin, D(, Quezon "venue, Quezon CityE
s. Bae P. Paner, )uana Chane Bovement, ;ith residence at
'441", "suncion !treet, !antiao Fillae, Ba<ati '*+4
t. Ba. !alvacion :. Farona, ;riterE
u. $oemi =ardiza5al-6ado, 5loer, ;ith office address at =evel
'+-' %ne Clo5al Place, *1th !treet J 1th "venue, Bonifacio Clo5al
City, 0aui CityE
v. 6elia !ilorio-Ruizol, entrepreneur E
;. =olita 0. 6onato, "lerto Bamimili ConvenorE
x. Cloria C. "rellano, Chairperson, Ialipunan n
6amayanBahihirap, ;ith office address at '*-", Iasiyahan !treet,
6on "ntonio Holy !pirit, Quezon CityE
y. Baria "urora !antiao, partner of slain development ;or<er
@illem Ceertman, Bry. !u<layin, Baler, "uroraE
z.)oan Bae !alvador, !ecretary-Ceneral, Ca5riela, ;ith office
address at D/1 !cout 6elado !treet, Bry. =ainHanda, Quezon
CityE
aa. Fencer Bari :. Crisostomo, Chairperson, "na<5ayan, ;ith
residence at Quezon CityE
Pae 4 of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
55. Concepcion :. :mpeno, Chairperson, 6esaparecidos, ;ith
residence at Basinloc, Kam5alesE
3. Complainants may 5e served ;ith notices, pleadins and
processes of this Honora5le House of Representatives at the office
address of counsel $ational #nion of Peoples? =a;yers 7$#P=8 at
/GA :rythrina Buildin, $o. ' Baaralin cor. Batata !ts., Central
6istrict, Quezon City.
'+. Benino !. "9uino III is the incum5ent President of the
Repu5lic of the Philippines and is 5ein sued in his official capacity.
He may 5e served ;ith a copy of this complaint and notices from this
Honora5le House of Representatives at $e; :xecutive Buildin,
BalacaLan Palace Compound, ). P. =aurel !t., !an Biuel, Banila.
Pae 3 of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
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ANTECEDENT FACTS
''. %n ' )uly *+', the !upreme Court promulated its en
banc unanimous rulin entitled Araullo et. al. vs. Aquino et. al"
1
declarin the ma>or acts and practices of the 6"P unconstitutional.
'*. Both the 5illions of conressional discretionary funds
under Priority 6evelopment "ssistance Aund 7P6"A8
(
and the
creation and spendin of 5illions of presidential discretionary funds
throuh the 6"P are no; declared as unconstitutional 5y the hihest
court of the land.
'/. 0he proram <no;n as 6"P first appeared M thouh not
to the pu5lic M in a 6epartment of Budet and Banaement 76BB8
memorandum to the President dated %cto5er '*, *+''. "ccordin to
the memorandum, President "Q#I$% had already declared, as early
as $ovem5er *+'+ or five months into his term, P*'.1,, 5illion of
Nunreleased appropriationsO as Nsavins.O Aor the fiscal year *+'', he
approved the poolin of P.*.'-5illion NsavinsO and their use to fund
pro>ects he declared as priority. 0hese priority pro>ects included P(.1
5illion to NaumentO the P6"A of la;ma<ers.
.
',. %n 6ecem5er *', *+'', President "Q#I$% approved
additional 6"P pro>ects ;orth P'/./ 5illion.
'1. %n )une *., *+'*, President "Q#I$% approved another
memorandum from !ecretary "5ad see<in the Nomni5us authority to
consolidate savinsGunutilized 5alances and their realinmentO. 0he
approved pro>ects amounted to P/* Billion, includin P* Billion for
road;or<s in the President?s home province of 0arlac and another
P4./ 5illion for Nvarious local pro>ectsO.
'(. %n !eptem5er 1, *+'*, President "Q#I$% approved
!ecretary "5ad?s !eptem5er ,, *+'* memorandum see<in the
Nrelease of funds for other priority pro>ects and expenditures of
overnment.O "pproved pro>ects for this period amounted to nearly P(
Billion.
5
.ereinafter /Araullo"1 6ull 9e:t of the 0ecision 4ay $e accessed at the Supre4e 8ourt
'e$site,http%&&sc";udiciary"gov"ph&pdf&'e$&vie'er"ht4l<
file=&;urisprudence&21!&;uly21!&2>2-?"pdf, last accessed on July 12, 21!"
6
.ereinafter /P0A61"
7
All 4e4oranda cited here are parts of the 6irst @vidence PacAet of the 0BB, through the ,ffice
of the Solicitor 7eneral, su$4itted to the Supre4e 8ourt"
Pae '+ of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
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'.. %n 6ecem5er *', *+'*, President "Q#I$% approved the
release of P//./ 5illion in 6"P funds, charea5le aainst Navaila5le
savins and the *+'* #nprorammed Aund.O 0his aain included the
lump-sum item Nother various local pro>ectsO this time amountin to
P*..3 5illion.
'4. In Bay *+'/, President "Q#I$% approved more 6"P
releases amountin to P'+ 5illion. 0his included aain an item called
Nvarious local pro>ectsO amountin to P,.( 5illion.
'3. =astly, on !eptem5er *1, *+'/, President "Q#I$%
sined and approved the release of P'+.1/, 5illion in funds for the
0as< Aorce Pa5lo Reha5ilitation plan, supposedly for livelihood,
resettlement, infrastructure and social services.
*+. %n )uly '4, *+'*, the 6BB released $ational Budet
Circular $o. 1,' 7$BC 1,'8.
4
0his Circular resulted in the ;ithdra;al
from overnment aencies of uno5liated allotments as of /+ )une
*+'*. 0his Circular directed overnment aencies supposedly slo;
in spendin to return to the national overnment uno5liated
allotments mid;ay into the year.
*'. $BC 1,' purported to 5e a Nmeasure to further improve
the operational efficiency of the overnmentO-
/9he 0BB, as 4andated $y @:ecutive ,rder #@,2 +o"
2>2 #Ad4inistrative 8ode of 1>-?2, periodically revie's and
evaluates the depart4ents&agenciesC efficiency and effectiveness
in utiliDing $udgeted funds for the delivery of services and
production of goods, consistent 'ith the govern4entCs
priorities"
In the event that a measure is necessary to further
improve the operational efficiency of the government, the
President is authorized to suspend or stop further use of
funds allotted for any agency or expenditure authorized in
the General Appropriations Act. Withdrawal and pooling of
unutilized allotment releases can be effected by !" based
on authority of the President, as 4andated under Sections 3-
and 3>, 8hapter E, BooA FI of @, 2>2"1
>

**. %ne of the o5>ectives of $BC 1,' ;as to Naccelerate
spendin and sustain the fiscal tarets durin the yearO, thus-
8
.ereinafter /+B8 E!11" A certified true copy of the said 8ircular is attached as Annex #A$"
9
+B8 E!1, 3ationale, page 1" @4phasis Supplied"
Pae '' of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
/6or the first five 4onths of 212, the +ational 7overn4ent
has not 4et its spending targets. In order to accelerate
spending and sustain the fiscal targets during the year,
expenditure measures have to be implemented to optimize
the utilization of available resources"1
1

*/. 0he Circular further stated that Nthe ;ithdra;n allotments
may 5e-
a. Reissued for the o%-g-nal prorams and pro>ects of the
aenciesG%#s concerned, from ;hich the allotments
;ere ;ithdra;nE
5. Realined to cover additional fundin for o&2#%
#=-s&-ng prorams and pro>ects of the aencyG%#E or
c. #sed to aument existin prorams and pro>ects of
any ag#n$y and to fund priority prorams and pro>ects
no& $ons-,#%#, in the *+'* 5udet 5ut expected to 5e
started or implemented durin the current year.O
''
*,. In a privilee speech made 5y !enator )inoy :>ercito
:strada on !eptem5er *1, *+'/
'*
, he divuled that several mem5ers
of the !enate includin himself, received P1+ Billion each as
additional pro>ects, suestin that this ;as intended as a form of
re;ard 7or 5ri5es8 for votin in favor of the impeachment of the then
!upreme Court )ustice Renato Corona. 0he no; detained !enator
then said-
“Hahayaan ko na ang taong bayan ang gumawa ng
konklusyon kung ito ay totoo o hindi, pero ito ang aking
maidadagdag sa kwento: after the conviction of the former
chief justice, those who voted to convict were allotted an
additional P5 million!"

*1. :arlier in Ae5ruary *+'*, at the heiht of the
impeachment trial aainst Corona, "tty. )ose Roy made a similar
statement sayin that Balacanan, throuh :xecutive !ecretary
Pa9uito %choa, offered senators Php'++ Billion ;orth of pro>ects in
exchane for defyin the !upreme Court 0emporary Restrainin
%rder to open the 5an< accounts of Corona. "tty. Roy ;as cited in
10
Araullo" @4phasis Supplied"
11
+B+ E!1, page !, ite4 E"?"
12
6ull te:t is availa$le at Inquirer"net, http%&&ne'sinfo"inquirer"net&!>!>?E&privilege(speech(of(sen(
;ose(;inggoy(estrada(on(the(porA(sca4, last accessed on July 11, 21!"
Pae '* of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
contempt 5y the !enate actin as an impeachment court, throuh
!enator )uan Ponce :nrile.
'/
*(. Respondin to :strada?s revelation, !ecretary "5ad, in a
statement released on /+ !eptem5er *+'/, said that the releases
;ere not 5ri5es 5ut N;ere part of ;hat is called the 6is5ursement
"cceleration Proram 76"P8 desined 5y the 6epartment of Budet
and Banaement 76BB8 to ramp up spendin and help accelerate
economic expansion.O
',
In the same statement, !ecretary "5ad
divuled the list of senators ;ho received funds from 6"P.
*.. 0he 6BB said that the funds for 6"P ;ere overnment
savins from Nunreleased appropriations such as unreleased
Personnel !ervices appropriations ;hich ;ill lapse at the end of the
year, unreleased appropriations of slo; movin pro>ects and
discontinued pro>ects per Kero-Based Budetin findinsE and the
;ithdra;al of uno5liated allotments, also for slo;-movin prorams
and pro>ects, ;hich have earlier 5een released to national
overnment aencies.O
'1
*4. %ther sources of 6"P ;ere unprorammed funds ;hich
;ere Nrevenues enerated 5eyond the taret, such as C%CC
dividendsPcarry-over appropriations unreleased from the previous
year, as ;ell as 5udets for slo;-movin items or pro>ects that have
5een realined to support faster-dis5ursin pro>ects.O
'(
*3. 6BB further expounded on the coverae of
unprorammed funds ;hich are Nstand5y appropriations authorized
5y Conress in the annual eneral appropriations act ;hich may 5e
availed only ;hen any of the follo;in instances occur-
i. revenue collections exceed the oriinal revenue
tarets in the Budet of :xpenditures and !ources of
Ainancin 7B:!A8 su5mitted 5y the President to
ConressE
13
0avid 0iDon, G8orona Ha'yer 8ited for 8onte4ptC, ABS(8B+ +e's #12 Barch 2122,
http%&&'''"a$s(c$nne's"co4&nation&3&12&12&corona(la'yer(cited(conte4pt last accessed on
July 12, 21!"
14
GA$ad% 3eleases to Senator($acAed pro;ects part of spending acceleration progra4C, 0BB
'e$site, Septe4$er 3, 213, http%&&'''"d$4"gov"ph&<p=?32, last accessed on July 11, 21!"
15
GA$out the 0APC, 6requently AsAed )uestions, 0BB, http%&&'''"d$4"gov"ph&<pageIid=?362,
last accessed on July 12, 21!"
16
See +ote -"
Pae '/ of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x

ii. ne; revenues are collectedGrealized from sources not
oriinally considered in the B:!A su5mitted 5y the
President to ConressE or

iii. ne;ly-approved loans for forein-assisted pro>ects are
secured or ;hen conditions are triered for other
sources of funds such as perfected loan areements
for forein assisted pro>ects.O
'.
0hese funds ;ere realined to ''( pro>ects amountin to
P',, Billion per the 6BB report.
'4
/+. In %cto5er *+'/ up to the first ;ee< of $ovem5er *+'/,
several Petitions assailin the constitutionality of the 6"P ;ere
successively filed 5efore the !upreme Court. 0hese ;ere doc<eted
as C.R. $o. *+3'/1 7!y>uco8, C.R. $o. *+3'/( 7=una8, C.R. $o.
*+3'11 7Filleas8, C.R. $o. *+3'(, 7PHI=C%$!"8, C.R. $o. *+3*(+
7IBP8, C.R. $o. *+3*4. 7"raullo8, C.R. $o. *+3,,* 7Belica8, on C.R.
$o. *+31'. 7C%#R"C:8, and C.R. $o. *+31(3 7F"CC8.
/'. Central to the "raullo Petition 7C.R. $o. *+3*4.8 ;as the
leality of $BC 1,' ;hich institutionalized the 6"P.
/*. In a related development, the !C promulated in *+
$ovem5er *+'/ Belgica v. Ochoa, ;hich declared P6"A or
conressional por< 5arrel as unconstitutional. In the decision, the !C
noted that Nthe :xecutive?s =ump !um 6iscretionary AundsO or the
Npresidential por< 5arrelO is too 5road and all-encompassin.O
'3
Ho;ever, it defined the term as Qa <ind of lump-sum, discretionary
fund ;hich allo;s the President to determine the manner of its
utilization.Q
*+
//. 0he !upreme Court consolidated all 6"P-related
Petitions and on )uly ', *+',, promulated its 6ecision penned 5y
)ustice =ucas Bersamin, and held 5y a resoundin vote of '/ to +
that-
#W%&'&()'&, the 8ourt PA'*IA++, G'A-*.
1?
/A$out the 0APJ,1 supra"
18
Hist of 0AP pro;ects as of 1! July 21! released $y the 0BB" Availa$le
athttp%&&'''"d$4"gov"ph&'p(content&uploads&0AP&0APK2Pro;ects"pdf, last accessed July 1E,
21!"
19
+ote 1? in #elgica v! $choa #7"3" +o" 2-E66, page 212"
2
%d, page 3E"
Pae ', of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
the petitions for certiorari and prohi$itionL and &/+A'&.
the follo'ing acts and practices under the 0is$urse4ent
Acceleration Progra4, +ational Budget 8ircular +o" E!1 and
related e:ecutive issuances 0-/)-.*I*0*I)-A+ for $eing
in violation of Section 2E#E2, Article FI of the 1>-?
8onstitution and the doctrine of separation of po'ers, na4ely%
#a2 9he 'ithdra'al of uno$ligated allot4ents fro4 the
i4ple4enting agencies, and the declaration of the 'ithdra'n
uno$ligated allot4ents and unreleased appropriations as
savings prior to the end of the fiscal year and 'ithout
co4plying 'ith the statutory definition of savings contained in
the 7eneral Appropriations ActsL
#$2 9he cross($order transfers of the savings of the
@:ecutive to aug4ent the appropriations of other offices outside
the @:ecutiveL and
#c2 9he funding of pro;ects, activities and progra4s that
'ere not covered $y any appropriation in the 7eneral
Appropriations Act"
9he 8ourt further &/+A'&. 1)I the use of
unprogra44ed funds despite the a$sence of a certification $y
the +ational 9reasurer that the revenue collections e:ceeded the
revenue targets for non(co4pliance 'ith the conditions
provided in the relevant 7eneral Appropriations Acts"
.) )'&'&.1
21
/,. 0hrouh several months, President "Q#I$% rather
pompously dismissed the possi5ility of his impeachment over 6"P. In
%cto5er *+'/, he 5ello;ed-
“&et them pursue 'the impeachment complaint( if they think
they are right! #ut % just read the )onstitution! '% have(
authority to use savings and put it to other use as long as it is
in the budget!"
**

/1. President "Q#I$% has viorously and openly defended
6"P as an Neffective use of savinsO, and insisted that the !upreme
Court M the ultimate ar5iter and interpreter of the Constitution M
throuh a unanimous vote of '/-+ is, utterly mista<en. Initially,
21
+upra"
22
Sa$illo, Mristine" 0AP 'asnCt used to $ri$e senators, says Aquino" Philippine 0aily Inquirer"
http%&&ne'sinfo"inquirer"net&!>>!3?&dap('asnt(used(to($ri$e(senators(says(aquino
Pae '1 of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
Balacanan had ta<en the passive and defensive position that the
6ecision is Nnot a total repudiation of the 6"PO.
*/

/(. But >ust recently, on )uly ',, *+',, President "Q#I$% in
a televised speech told the Ailipino people more tartly that the system
the !upreme Court ;ants to impose ;ill only tolerate underspendin
and delay delivery of services to the people.
*,

/.. "ccordin to President "Q#I$%, the Ca5inet policy is to
Nuse it or loseO itO M deli5erately omittin to 9ualify ;hether the
practice is illeal or not. "fter pu5licly flailin the 6ecision, President
"Q#I$% said he ;ill appeal the rulin, 5ut only after spe;in out not
too su5tle threats of dire conse9uences aainst the Hihest Court of
the land if it does not chane its mind.
*1

/4. :very5ody sa; and heard ho; President "Q#I$%
pu5licly threatened the !upreme Court of a direct clash should it not
rant their motion for reconsideration, ;hen he said-
“Halos sabi po ng mga abogadong nakonsulta natin,
suntok sa buwan ang pag,asang babaliktarin ito! Ang sabi pa
nila: kapag itinuloy mo yan, baka lalo ka lang mapahamak!
Ang mensahe ko po sa -orte +uprema: Ayaw nating
umabot pa sa puntong magbabanggaan ang dalawang
magkapantay na sangay ng gobyerno, kung saan kailangan
pang mamagitan ng ikatlong sangay ng gobyerno! .ahirap
pong maintindihan ang desisyon ninyo!"
*/
/3. President "Q#I$% finered the Hihest Court as the
reason for the overnment?s failure to deliver services hopin to
deflect to;ards the Hih Court the pu5lic outrae and discontent
aainst their ;orsenin economic condition 5y statin that-
23
,n July 11, 21!" http%&&President"gov"ph&featuredIstories&21E(national($udget(4ust($enefit(
greater(seg4ent(society(says(palace&

24
/9he Supre4e 8ourtCs decision questions our use of savings, and raises concerns on 'hen 'e
can use unprogra44ed funds" 9hey 'ant savings declared only at the 31st of 0ece4$er of each
year" If that 'ere the case, 'hen 'ould the govern4ent $e free to utiliDe these funds< 6ollo'ing
their logic on savings, pro;ects that could have $een funded in the 4iddle of the current year
'ould have to $e delayed until the follo'ing year"1 @nglish translation of the +ational Address of
President Aquino on the Supre4e 8ourtCs 0ecision on 0AP" Hast accessed at
http%&&'''"gov"ph&21!&?&1!&english(national(address(of(President(aquino(on(the(supre4e(
courts(decision(on(dap&, July 1!, 21!"
2E
%bid!
26
%bid!
Pae '( of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
“+a mga kagalang,galang na .ahistrado ng -orte
+uprema: 0ulungan n1yo naman kaming tulungan ang ating
mga kababayan! #alikan niyo sana ang ginawa ninyong
desisyon nang may pagsasaalang,alang sa mga inilatag kong
paliwanag ngayong gabi! 2maasa po ang sambayanan sa
makatwiran ninyong pagtugon!"
*3

,+. President "Q#I$% avoided directly commentin on the
specific acts that the !upreme Court declared unconstitutional. By
harpin instead on the proram?s supposed ood intentions, he
attempted to deflect the de5ate and a5solve the authors and
implementors of 6"P from all ;rondoin. He emphasized
stu55ornly-
“0ama ang intensyon, tama ang pamamaraan, tama ang
resulta4"
*5

,'. 0his Impeachment Complaint is, therefore, at the
crossroads of the continuin strule of the people aainst the por<
5arrel system, ;hich reached its hihest >uncture so far ;ith the
unanimous 6ecision of the !upreme Court that une9uivocally
declared the acts and practices under the 6"P as unconstitutional. It
is President "Q#I$% ;ho authored, approved and implemented the
;hole 6"P system ;ith all its unconstitutional aspects and
implemented every stae of it. "nd he inflicts a continuin offense on
the people 5y o5stinately defendin it ;ith self-rihteous chest
thumpin.
GROUNDS
I( P%#s-,#n& AQUINO $o//-&&#, CULPABLE
VIOLATION OF THE CONSTITUTION 62#n 2#
kno6-ngly) 6-ll+1lly an, -n&#n&-onally 1s1%0#, &2#
0o6#%s o+ &2# L#g-sla&1%# an, 1n,#%/-n#, &2#
sys&#/ o+ $2#$ks an, balan$#s 62#n 2#
&%ansg%#ss#, #=0l-$-& 0%o.-s-ons o+ A%&-$l# VI)
S#$&-ons >? ?" an, >@ A" an, o+ A%&-$l# VII)
S#$&-on AB) &2#%#by 0a&#n&ly .-ola&-ng &2#
0%-n$-0l# o+ s#0a%a&-on o+ 0o6#%s(
27
%bid!
28
%bid!
Pae '. of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
II( P%#s-,#n& AQUINO BETRA!ED PUBLIC TRUST
62#n 2#C
A( P#%0#&1a&#, an, #=a$#%ba&#, &2# $o%%10& an,
0a&%onag# sys&#/ o+ 0o%k ba%%#l 62#n 2#
$%#a&#, a n#6 an, b-gg#% 0%#s-,#n&-al 0o%k
ba%%#l &2%o1g2 DAP) -ll#gally $#n&%al-4#, PADD
B-ll-on -n 01bl-$ +1n,s) an, %#$2ann#l#, sa-,
+1n,s &o 2-s 0#& 0%o7#$&s an, +a.o%#,
0ol-&-$-ans(

>( Co//-&&#, &y%ann-$al ab1s# o+ 0o6#% 62#n
2# 1s1%0#, &2# 0o6#% o+ &2# 01%s# o+
Cong%#ss -n .-ola&-on o+ A%&-$l# VI) S#$&-ons
>@ A" an, >? ?"(
E( V-ola&#, 2-s oa&2 o+ o++-$# &o +a-&2+1lly an,
$ons$-#n&-o1sly +1l+-ll 2-s ,1&-#s) 0%#s#%.#
an, ,#+#n, &2# Cons&-&1&-on) an, #=#$1&# &2#
la6s 62#n 2# .-ola&#, &2# Cons&-&1&-on) &2#
G#n#%al A00%o0%-a&-ons A$&s an, &2# R#.-s#,
P#nal Co,#(
D( P#%0#&%a&#, a& l#as& AAF $o1n&s o+ &2# $%-/#
o+ &#$2n-$al /al.#%sa&-on) an a$& o+ g%a+& an,
a $o%%10& 0%a$&-$#) 62#n 2# a00%o0%-a&#, an,
/-sa00%o0%-a&#,) an, 0#%/-&&#, o&2#%s &o ,o
so) PADD B-ll-on -n 01bl-$ +1n,s) an, a00l-#,
s1$2 &o 0%o7#$&s o&2#% &2an +o% 62-$2 s1$2
+1n,s 2a, b##n a00%o0%-a&#, by la6(
?( Co//-&&#, &2# $%-/# o+ $o%%10&-on o+ 01bl-$
o++-$#%s 62#n 2# a00%o.#, &2# %#l#as# o+
a,,-&-onal /-ll-ons 6o%&2 o+ 0o%k ba%%#l
0%o7#$&s &o s#na&o%'71,g#s ,1%-ng an, a+&#%
&2# -/0#a$2/#n& &%-al aga-ns& +o%/#% C2-#+
J1s&-$# R#na&o Co%ona &o 1n,1ly -n+l1#n$#
&2# sa-, &%-al(
Pae '4 of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
ARGUMENTS AND DISCUSSION
I( CULPABLE VIOLATION OF THE CONSTITUTION

I( P%#s-,#n& AQUINO $o//-&&#, CULPABLE
VIOLATION OF THE CONSTITUTION 62#n 2#
kno6-ngly) 6-ll+1lly an, -n&#n&-onally 1s1%0#, &2#
0o6#%s o+ &2# L#g-sla&1%# an, 1n,#%/-n#, &2#
sys&#/ o+ $2#$ks an, balan$#s 62#n 2#
&%ansg%#ss#, #=0l-$-& 0%o.-s-ons o+ A%&-$l# VI)
S#$&-ons >? ?" an, >@ A" an, o+ A%&-$l# VII)
S#$&-on AB) &2#%#by 0a&#n&ly .-ola&-ng &2#
0%-n$-0l# o+ s#0a%a&-on o+ 0o6#%s(
=''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''=
,*. 6urin his Inauural Bessae on /+ )une *+'+,
President "Q#I$% vo;ed, thus-
“% will strive to be a good model! % will not break the
trust you have placed in me! % will ensure that this, too, will be
the advocacy of my )abinet and those who will join our
government!"
*6

,/. &et, contrary to his solemn commitment to Nfaithfully and
conscientiously fulfill my duties as President of the Philippines,
preserve and defend its Constitution, execute its la;sO
/+
, 5arely a
year after assumin office, President "Q#I$% implemented 6"P -- a
constitutionally-infirm savin and spendin mechanism that did not
only continue the mista<es of past administrations 5ut even severely
5astardized the overnment?s 5udet system.
,,. President "Q#I$%?s creation, approval and
implementation of the 6"P constituted Culpa5le Fiolation of the
Constitution as he usurped the po;ers of appropriatin pu5lic funds,
;hich is vested 5y the '34. Constitution to the =eislature.
,1. It is 5asic that to appropriate or spend pu5lic funds, the
:xecutive 6epartment, throuh the President, su5mits a 5udet to
the Conress, ;hich is constitutionally mandated to deli5erate on and
approve the 5udet into a la; called the NCeneral "ppropriations "ctO
7C""8. !ection *,, "rticle FI, of the '34. Constitution provides-
29
President Benigno S" A)*I+, IIICs Inaugural Speech, 3 June 21,
http%&&'''"gov"ph&21&6&3&inaugural(address(of(President($enigno(s(BS A)*I+,(iii(
english(translation& #last accessed - July 21!2"

30
, Section E, Article FII, 1>-? 8onstitution"
Pae '3 of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
/Section 2!" All appropriation, revenue or tariff $ills,
$ills authoriDing increase of the pu$lic de$t, $ills of local
application, and private $ills shall originate e:clusively in the
.ouse of 3epresentatives, $ut the Senate 4ay propose or
concur 'ith a4end4ents"1
,(. President "Q#I$% ;illfully violated the follo;in specific
constitutional provisions-
a( S#$( >@ A") A%&-$l# VI) A@GB Cons&-&1&-on
/+o 4oney shall $e paid out of the 9reasury e:cept in
pursuance of an appropriation 4ade $y la'1"

b( S#$( >? ?") A%&-$l# VI) A@GB Cons&-&1&-on
/Section 2E #E2" +o la' shall $e passed authoriDing any
transfer of appropriationsL ho'ever, the President, the President
of the Senate, the SpeaAer of the .ouse of 3epresentatives, the
8hief Justice of the Supre4e 8ourt, and the heads of
8onstitutional 8o44issions 4ay, by law, $e authoriDed to
augment any item in the general appropriations la' for their
respective offices fro4 savings in other items of their
respective appropriations"1
31


$( S#$&-on AB) A%&-$l# VII) A@GB Cons&-&1&-on
/Section 1?" 9he President shall have control of all the
e:ecutive depart4ents, $ureaus, and offices" .e shall ensure
that the la's $e faithfully e:ecuted"
,.. %ther;ise stated, the Constitution expressly prohi5its the
spendin of pu5lic funds unless there is a la; that allo;s it for
specified purposes or itemsPthat is, pro>ects, activities, and
prorams 7P"Ps8
/*
. 0he transfer of funds can only 5e done- 7'8 in the
case of savins, 7*8 5y the enumerated officials, 7/8 from any item
;ithin their respective offices and 7,8 to aument other items also
;ithin their respective offices.
,4. =i<e;ise, the Constitution is very explicit that an amount
once appropriated to an item in the eneral appropriations la; cannot
5e realined except if savins ;ere incurred and the purpose is to
31
@4phases supplied"
32
.ereinafter /PAPs1"
Pae *+ of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
aument an existin item, as meticulously laid do;n in !ec. *1 718
"rt. FI of the '34. Constitution.
,3. &et, President "Q#I$% violated these clear constitutional
edicts in the course of his creation and implementation of 6"P,
throuh acts 7em5odied in $BC 1,' and related executive issuances8
;hich the !upreme Court over;helminly and unanimously declared
as unconstitutional or void in the 6ecision, namely-
A. 0he ;ithdra;al of uno5liated allotments from the
implementin aencies and the declaration of the
;ithdra;n uno5liated allotments and unreleased
appropriations as savins prior to the end of the fiscal
year and ;ithout complyin ;ith the statutory definition
of savins contained in the Ceneral "ppropriations
"ctsE
B. 0he cross-5order transfers of the savins of the
:xecutive to aument the appropriations of other
offices outside the :xecutiveE
C. 0he fundin of pro>ects, activities and prorams that
;ere not covered 5y any appropriations in the Ceneral
"ppropriations "ctsE and,
D. 0he use of unprorammed funds despite the a5sence
of a certification 5y the $ational 0reasurer that the
revenue collections exceeded the revenue tarets.
//

1+. "t the outset, in ta5ular form, this is ho; President
"Q#I$% in simple terms committed culpa5le violation of express
constitutional provisions and the manner he committed them as ;ell
as the estimated amounts involved.
ACTS AND
PRACTICES
CONSTITUTIONAL
PROHIBITION
TOTAL AMOUNT
INVOLVED
P%#/a&1%#
,#$la%a&-on an,
0ool-ng o+
Hsa.-ngsI
ED
 No &%ans+#% o+
a00%o0%-a&-on
E?
PAJD(F? BILLION
T%ans+#% o+ +1n,s &o
o++-$#s no& 1n,#%
 R#al sa.-ngs &o
a1g/#n& only
PE@E(BJ MILLION
33
All underscoring supplied"
34
,r /*nconstitutional pooling of unreleased appropriations and 'ithdra'n uno$ligated
allot4ents and their su$sequent use" /"
35
Article FI, Section 2E #E2, 1>-? 8onstitution"
Pae *' of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
&2# E=#$1&-.#
EF
-&#/s -n &2#-%
o6n ag#n$-#s
EB
S0#n,-ng 01bl-$
+1n,s +o% 0%og%a/s)
a$&-.-&-#s an,
0%o7#$&s no& -n &2#
a00%o0%-a&-on la6
EG
 No &%ans+#% o+
a00%o0%-a&-ons
E@
 No /on#y 0a-,
o1& o+ T%#as1%y
#=$#0& &2%o1g2
a00%o0%-a&-on
DJ

la6
PA( @F BILLION
Ill#gal 1s# o+
1n0%og%a//#,
+1n,s
DA
 No &%ans+#% o+
a00%o0%-a&-ons
 No /on#y 0a-,
o1& o+ T%#as1%y
#=$#0& &2%o1g2
a00%o0%-a&-on
la6
PAF(BD BILLION
GRAND TOTAL PA>E(BD BILLION
1'. In more detail, as far as can 5e presently culled, a 6"P
matrix ;ould readily sho; at the first instance ;hat, ;hen, ;here and
ho; much is involved in this anomalous scheme perpetrated 5y
President "Q#I$%-
UNCONSTITUTIONAL POOLING OF UNRELEASED
APPROPRIATIONS AND 5ITHDRA5N UNOBLIGATED
ALLOTMENTS AND THEIR SUBSEQUENT USE
D>

A& *+'' unreleased
Personal !ervices 7P!8
appropriations
%cto5er '*, *+''
Bemorandum for the
President
,/
P /+,+++,+++,+++
36
,r /*nconstitutional cross($order transfers1
3?
Article FI, Section 2E #E2, 1>-? 8onstitution"
3-
,r /*nconstitutional funding of non(e:istent ite4s"1
3>
Article FI, Section 2E #E2, 1>-? 8onstitution"
!
Article FI, Section 2>#12, 1>-? 8onstitution"
41
,r /*se of unprogra44ed funds 'ithout co4plying 'ith legal requisites"1
42
,r /*nreleased appropriations and 'ithdra'n uno$ligated allot4ents under the 0AP 'ere not
savings, and the use of such appropriations contravened Section 2E#E2, Article FI of the 1>-?
8onstitution"1 #Araullo ruling, page !>2 /9hey have not yet ripened into categories of ite4s fro4
'hich savings can $e generated"1 #Araullo, page 62
43
,cto$er 12, 211 Be4orandu4 for the President fro4 0BB Secretary A$ad" A copy of the
said Be4orandu4 is attached as Annex #!$" Also cited in Araullo, pages 3?(!1
Pae ** of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
A& *+'' unreleased
appropriations 7slo;
movin pro>ects and
prorams for
discontinuance8
%cto5er '*, *+''
Bemorandum
P,4*,+++,+++
A& *+'+ carryover
appropriations
7#nreleased
appropriations for slo;
movin pro>ects and
prorams for
discontinuance and
savins from Kero-5ased
Budetin Initiative8
%cto5er '*, *+''
Bemorandum
P*',1,,,+++,+++
A& *+'' 5udet items that
can 5e realined ;ithin
the aency to fund ne;
fast dis5ursin pro>ects
,,
%cto5er '*, *+''
Bemorandum
P.,.,4,+++,+++
A& *+''
NsavinsGunutilized
5alancesO after the
%cto5er '*, *+''
memorandum
6ecem5er '*, *+''
Bemorandum
,1
P'+,/3+,+++,+++
A& *+'* unreleased
appropriations for capital
outlays
)une *1, *+'*
Bemorandum
,(
P1,+++,+++,+++
A&s *+'' and *+'*
uno5liated allotments
)une *1, *+'*
Bemorandum
P.,3/*,+++,+++
A&s *+'' and *+'*
unreleased appropriations
for discontinued
pro>ectsGprorams and
Budetary !upport to
6ecem5er '3, *+'*
Bemorandum
,.
and
$BC 1,'
,4
P'/,*4+,*,+,+++
!!
/N9Ohe fact that the 'ithdra'n allot4ents could $e PNrOeissued for the original progra4s and
pro;ects of the agencies&,0s concerned, fro4 'hich the allot4ents 'ere 'ithdra'nP supported
the conclusion that the PAPs had not yet $een finally discontinued or a$andoned" 9hus, the
purpose for 'hich the 'ithdra'n funds had $een appropriated 'as not yet fulfilled, or did not yet
cease to e:ist, rendering the declaration of the funds as savings i4possi$le"1 #Araullo, page 622
45
0ece4$er 12, 211 Be4orandu4 for the President fro4 0BB Secretary A$ad #Ite4 A of this
Be4orandu4, /6und Sources for the Acceleration Progra412" A copy of said Be4orandu4 is
attached as Annex #/$" Also cited in Araullo, pages !1(!1"
!6
June 2E, 212 Be4orandu4 for the President fro4 0BB Secretary A$ad A copy of said
Be4orandu4 is attached as Annex #$"
!?
0ece4$er 1>, 212 Be4orandu4 for the President fro4 0BB Secretary A$ad" A copy of said
Be4orandu4 is attached as Annex #&$"
!-
8ited and reproduced in Araullo, pages !3(!6
Pae */ of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
C%CCs
A& *+'' Npooled savinsO 6ecem5er '3, *+'*
Bemorandum
P',*++,+++,+++
N!avinsGunutilized
5alancesO under the
Quarterly 6"P
Bay *+, *+'/
Bemorandum
,3
P.,+.4,+++,+++
1+
TOTAL COST OF THIS UNCONSTITUTIONAL
ACT OF PRESIDENT AQUINO
PAJD)F?D)>DJ)JJJ
UNCONSTITUTIONAL CROSS'BORDER TRANSFERS
Commission on
"udit
I0 Infrastructure
Proram and hirin of
additional litiation
experts
''
$ovem5er
*+''
P',/,.++,+++
House of
Representatives
Completion of the
construction of the
=eislative =i5rary and
"rchives
BuildinGConressional
e-=i5rary
*/ )uly
*+'*
P*1+,+++,+++
TOTAL COST OF THIS UNCONSTITUTIONAL ACT
OF PRESIDENT AQUINO
PE@E)BJJ)JJJ
UNCONSTITUTIONAL FUNDING OF NON'E<ISTENT ITEMS
?A
6%!0P6R:"B
pro>ect
1*
0his transfer to a non-existent pro>ect
exceeded 5y almost /++R the
allocations for the proram
“Generation of new knowledge and
technologies and research capabilit
building!"
6R:"B ;as not even proposed 5y
the President for the *+'' national
5udet.
P',(++,+++,+++
C%"PI0
Infrastructure
Proram
1/
Increased the C%"?s *+'' 5udet for
“General Administration and #upport"
P',/,.++,+++
P"AP%n-Base
Housin Aacilities
6"P aumented several
appropriations of the P"A, none of
P*3,4++,+++
!>
/9he validity period of the affected appropriations, already given the $rief lifespan of one year
N$y the 213 7AAO, 'as further shortened to only a quarter of a year under the 0BBQs
4e4orandu4 dated Bay 2, 213"1 #Araullo, pages 63(6!2
E
9otal 0AP releases in 213 #Araullo, page 6-2"
51
Partial list, discussed as e:a4ples in Araullo and its acco4panying opinions"
E2
Araullo, pages 6> to ?1
E3
Araullo, Brion opinion, pages !> to E"
Pae *, of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
and
Communications
:9uipment
;hich had capital outlay
6%API0
Infrastructure
Pro>ect
6"P aumented the appropriation for
“$lectronic data management
processing" ;hich also had no capital
outlay
P'3*,(,+,+++
TOTAL COST OF THIS UNCONSTITUTIONAL ACT OF
PRESIDENT AQUINO
PA)@FF)ADJ)JJJ
USE OF UNPROGRAMMED FUNDS 5ITHOUT COMPLIANCE 5ITH
LEGAL REQUISITES
A& *+'+
#A
Bemorandum dated '* %cto5er *+''
1,
P'*,//(,+++,+++
A& *+'*
#A
Bemorandum dated '3 6ecem5er *+'*
11
P,,,+1,+++,+++
TOTAL COST OF THIS UNCONSTITUTIONAL ACT OF
PRESIDENT AQUINO
PAF)BDA)JJJ)JJJ
1*. " discussion of President "Q#I$%?s culpa5ility
correspondin to the four acts and practices enumerated a5ove
under 6"P is in order.
A( P%#s-,#n& AQUINO 1n$ons&-&1&-onally
an, -ll#gally ,#$la%#, Ksa.-ngsK
=''''''''''''''''''''''''''''''''''''''''''''''''''''''''''=
1/. President "Q#I$% identified the Nslo;-movinO P"Ps
from ;hich funds ;ere ;ithdra;n, had these funds declared as
Nsavins,O and identified the NpriorityO P"Ps into ;hich these NsavinsO
;ere poured.
1,. 0his fund >ulin of President "Q#I$% ;as aravated
;ith the issuance on )uly '4, *+'* of $BC $o. 1,'. 0his is
manifestly evidence of usurpation of the leislative po;er of
appropriation since the President, throuh such Circular, forced
overnment aenciesGdepartments to create artificial NsavinsO,
prematurely collected in the middle of the fiscal year, so that he can
realin funds to different overnment aenciesGdepartments.
E!
Annex #!$
EE
Annex #&$"
Pae *1 of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
11. $BC $o. 1,', supposedly for the Nadoption of operational
efficiency measureO illeally empo;ers the President to collect or pool
unutilized allotment releases at the middle of the year.
1(. Ho;ever, this circular clearly supplants the leislative
po;er of Conress to appropriate pu5lic funds. Pertinent provisions
of $BC $o. 1,' are as follo;s-
3" 8overage
3"1 9hese guidelines shall cover the 'ithdra'al of
uno$ligated allot4ents as of June 3, 212 of all national
govern4ent agencies #+7As2 charged against 6R 211
8ontinuing Appropriation #3A +o"11!?2 and 6R 212 8urrent
Appropriation #3A +o" 11EE2
:::
3"2 9he 'ithdra'al of uno$ligated allot4ents 4ay cover
the identified progra4s, pro;ects and activities of the
depart4ents&agencies reflected in the 0BB list sho'n as Anne:
A or specific progra4s and pro;ects as 4ay $e identified $y the
agencies"
:::
E"E 8onsistent 'ith the PresidentCs directive, the 0BB
shall, $ased on evaluation of the reports cited a$ove and results
of consultations 'ith the depart4ents&agencies, 'ithdra' the
uno$ligated allot4ents as of June 3, 212 through issuance of
negative Special Allot4ent 3elease ,rders #SA3,s2"
:::
E"? 9he 'ithdra'n allot4ents 4ay $e%
E"?"1 3eissued for the original progra4s and pro;ects of
the agencies&,*s concerned, fro4 'hich the allot4ents 'ere
'ithdra'nL
E"?"2 3ealigned to cover additional funding for other
existing progra4s and pro;ects of the agency&,*L or
E"?"3 *sed to aug4ent e:isting progra4s and pro;ects of
any agency and to fund priority progra4s and pro;ects not
considered in the 212 $udget $ut e:pected to $e started or
i4ple4ented during the current year"
E6

56
@4phases theirs"
Pae *( of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
:::
1.. In the said circular, President "Q#I$% also realined
;ithdra;n funds to Nfund priority prorams and pro>ects not
considered in the *+'* 5udet 5ut expected to 5e started or
implemented durin the current year.O
14. President "Q#I$%?s order to ;ithdra; uno5liated
allotments from the implementin aencies at the middle of fiscal
year for the appropriations under C"" is his first act of usurpin the
po;er of Conress and is violative of the principle of separation of
po;ers. 0he Conress has enacted a la;, the C"", and the
President did not veto 5ut instead approved the C""E thus, he cannot
ar5itrarily contravene the ;ill of Conress and violate the la; 5y
orderin the ;ithdra;al of funds for ;hat has 5een appropriated 5y
Conress and 5y la;.
13. Coupled ;ith the said order of ;ithdra;al, President
"Q#I$%?s centralization and treatment of uno5liated and
unreleased funds in the middle or 5efore the end of fiscal year as part
of or into one 5i Npool of savinsO is another act of the President
usurpin the po;er of Conress and totally contravenes the clear
import of "rt. FI, !ec. *1 718 of the Constitution, particularly in relation
to NsavinsO as defined in the C""s of *+'', *+'* and *+'/, to ;it-
Beaning of Savings and Aug4entation" Savings refer to
portions or $alances of any progra44ed appropriation in this
Act free fro4 any o$ligation or encu4$rance 'hich are% #i2 still
availa$le after the completion or final discontinuance or
abandonment of the 'orA, activity or purpose for 'hich the
appropriation is authoriDedL #ii2 fro4 appropriation balances
arising fro4 unpaid co4pensation and related costs pertaining
to vacant positions and leaves of a$sence 'ithout payL and #iii2
fro4 appropriation $alances realiDed fro4 the implementation
of measures resulting in improved systems and efficiencies
and thus ena$led agencies to 4eet and deliver the required or
planned targets, progra4s and services approved in this Act at a
lesser cost" :::
E?

(+. In essence, thus, savins $an only b# %#al-4#, ;hen
there is an ACTUAL implementation of the pro>ect for ;hich the fund
;as appropriated. N!avins could 5e enerated only upon the
57
Sec" E3, 7AA for 6R 213L 9he sa4e definition is also provided in the 7AA for 6R
212 Nsee Sec" E!O and 6R 211 Nsee Sec" 6O"
Pae *. of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
purpose of the appropriation 5ein fulfilled or upon the need of the
appropriation 5ein no loner existent.O
14

('. 0he so-called NsavinsO that ;ere ;ithdra;n, pooled,
realined and su5se9uently released to different aencies have
reportedly already reached a staerin amount of P',, Billion of
pu5lic funds, viz- *+''- P4/.11 BillionE *+'* - P14.. Billion and *+'/ -
P'1./ Billion.
(*. President "Q#I$% and !ecretary "5ad claim that these
funds came from savins. But the President distorted the term
NsavinsO as discussed a5ove. 0he funds ;here the 6"P came from
are not savins in the proper sense, ;hich can 5e realined to other
pro>ects. 0hese are not savins, 5ut rather money ar5itrarily collected
and pooled toether 5y the President from aenciesGdepartments in
the middle of the fiscal year. $ot 5ein savins, they cannot 5e
realined.
(/. "s the !C stated, N#nreleased appropriations and
;ithdra;n uno5liated allotments under the 6"P ;ere not savins,
and the use of such appropriations contravened !ection *1 718,
"rticle FI of the '34. Constitution.O
13
"nd, N0here ;ere no savins
from ;hich funds could 5e sourced for the 6"P.O
(+
"nd aain,
Nuno5liated allotments could not 5e indiscriminately declared as
savins ;ithout first determinin ;hether any of the three instances
existed. 0his sinified that the 6BBH s ;ithdra;al of uno5liated
allotments had disrearded the definition of savins under the
C""s.O
('
(,. Arom all these circumstances and 5ac<drop, the
intentional violation of the Constitution and 5ad faith is evident. It is
clear that the oriinal oal ;as really to control the funds and place
them under the un5ridled discretionary spendin of President
"Q#I$%, ;ho >ust five months into office, already started poolin
savins and centralizin funds comin from Qunreleased
appropriationsQ for purportedly slo; movin pro>ects. "t the onset of
*+'', President "Q#I$% continued such anomalous practice until
even lon 5efore the year ended.
(1. President "Q#I$% ;aited for the underspendin and
slo;do;n to 5e felt, the necessary conse9uence of his act of not
releasin funds for the P"Ps in *+'+ and *+''. By the time
58
Araullo, page E>"
59
Araullo, page E"
60
Araullo, page E?"
61
Araullo, page 61"
Pae *4 of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
overnment underspendin and economic slo;do;n ;ere already
5ein reported, President "Q#I$% throuh the instrumentality and
proposal of !ecretary "5ad disinenuously introduced the 6"P
scheme as economic stimulus 5y %cto5er *+''.
((. In short, President "Q#I$%, !ecretary "5ad and their
ca5al created the conditions for underspendin, and from there, the
necessity of introducin a so-called Qstimulus proramQ that ena5led
them to ain control of even more 5illions of pesos. Hence, the claim
that the 6"P arose out of no5le intentions is exposed as a
smo<escreen since the 6BB memos indicate that the purpose of
6"P is to ive the President control of the funds and utilize these as
a form of Presidential por< 5arrel.
(.. In ;antonly violatin the provisions of the C""s, as the
la;s that implement the constitutional edict of "rt. FI, !ec *1 718, it is
plain that President "Q#I$%?s purpose is to divert lare amounts of
previously allocated funds disuised as savins into a mea fund for
his discretionary spendin. "mon the allocations made 5y President
"Q#I$% ;ere the P(.1-5illion aumentation of la;ma<ersH no;
unconstitutional Priority 6evelopment "ssistance Aund 7P6"A8 under
the item Nvarious local pro>ects and,O P(.1 5illion for Q=C# supportQ in
*+'', and P* 5illion for road ;or<s in his home province of 0arlac.
(4. 6"P undenia5ly ;or<ed to the 5enefit of President
"Q#I$%?s family, lando;ners of the 0arlac suarland Hacienda
=uisita. 6espite appropriation for lando;ners? compensation in the
C""s of *+'+ and *+'' totalin P..3/ 5illion, no cash had 5een
made availa5le to the =and Ban< of the Philippines. &et, under the
6"P stratey of supposed accelerated dis5ursement, some P1.,/
5illion in cash ;as released in %cto5er *+''.
(*
(3. In "pril *+'*, the decision rantin compensation to 5oth
the farmers and lando;ners of Hacienda =uisita 5ecame final.
(/
@ithin the next year and flush ;ith cash from the 6"P release, the
6epartment of "rarian Reform said that it had paid Co>uanco-
controlled Hacienda =uisita Incorporated 7H=I8 a total of P,.'.1+
million- P/+,.+/ million as the actual cost of land and an additional
P'(..,. million as interest.
(,

62
,cto$er 12, 211 Be4orandu4 to the President fro4 0BB Secretary A$ad" +ote that this
figure is PE"!6 $illion as indicated in the Hist of 0AP Pro;ects as of July 1!, 21!" Annex #!$"
63
Hacienda &uisita v! PA7), 7"3" +o" 1?111, April 2!, 212"
64
9onette ,re;as, Aquino Ain given P!?1B for .acienda Huisita land, Philippine 0aily Inquirer,
? 6e$ruary 21!" Availa$le at http%&&ne'sinfo"inquirer"net&E?!>12&aquino(Ain(given(p!?14(for(
hacienda(luisita(land, retrieved July 16, 21!"
Pae *3 of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
.+. Ferily, under the 6"P, its accompanyin issuances and
$BC 1,', President "Q#I$% disrearded the specific appropriations
in the C""s and treated the C""s as Nthe PresidentHs self-created
all-purpose fund, ;hich the President can spend as he chooses
;ithout reard to the specific purposes for ;hich the appropriations
are made in the C"".O
(1

.'. 0herefore, in prematurely declarin and poolin NsavinsO
under the circumstances discussed a5ove, President "Q#I$%
committed culpa5le violations of the Constitution, specifically, "rticle
FII, !ection '. and "rticle FI, !ection *3 7'8.
B( P%#s-,#n& AQUINO $o//-&&#,
1n$ons&-&1&-onal $%oss'bo%,#% &%ans+#%s(
=''''''''''''''''''''''''''''''''''''''''''''''''''''''''''=
.*. President "Q#I$% extended his un5ridled discretionary
spendin to departments other than the :xecutive, aain in clear
and utter violation of the Constitution. "s the !upreme Court noted,
funds amountin to P',/.. Billion and P*1+ Billion, respectively,
;ere iven to Commission on "udit 7C%"8, the !enate and the
House of Representatives.
((

./. In total disreard of the constitutional principle of
separation of po;ers, the said cross-5order transfers ;ere even
>ustified 5y President "Q#I$% throuh !ecretary "5ad and counsel
as a form of NaidO to a co-e9ual 5ranch or independent constitutional
commissions.
.,. In this connection, the !upreme Court sharply noted that-
NReardless of the variant characterizations of the $%oss'bo%,#%
&%ans+#%s of funds, the plain text of !ection *1 718, disallo;in cross-
5order transfers ;as diso5eyed. Cross-5order transfers, ;hether as
aumentation or as aid, are prohi5ited under !ection *1 718.O
(.
0hese
transfers are prohi5ited not only 5ecause this could 5e a source of
a5use 5ut could also impair the independence of a co e9ual 5ranch.
.1. President "Q#I$% culpa5ly violated the Constitution 5y
usin pu5lic funds from the appropriation of the office of the President
to fund throuh the 6"P, the appropriations of offices other than the
65
J" 8arpio, Separate ,pinion, Araullo, page 26" http%&&sc";udiciary"gov"ph&pdf&'e$&vie'er"ht4l<
file=&;urisprudence&21!&;uly21!&2>2-?Icarpio"pdf , last accessed July -, 21!"
66
%d!, page ?E"
6?
%d!, page ??" @4phasis supplied"
Pae /+ of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
%ffice of the President specifically the %ffices of the Commission on
"udit, and the House of Representatives.
.(. Hence, 5y transferrin funds to offices not under the
:xecutive under the circumstances discussed a5ove, President
"Q#I$% committed culpa5le violation of the Constitution, specifically,
"rticle FII, !ection '. and "rticle FI, !ections *1 718 and *3 7'8.
C( P%#s-,#n& AQUINO 1n$ons&-&1&-onally
s0#n& 01bl-$ +1n,s +o% PAPs no& +o1n, o%
+1n,#, 1n,#% &2# GAAs(
='''''''''''''''''''''''''''''''''''''''''''''''''''''''''''=
... President "Q#I$% committed culpa5le violation of the
Constitution and his oath of office to preserve and defend the
Constitution and execute the la;, ;hen he committed these acts
contrary to "rticle FII, !ection '. and "rticle FI, !ections *1 718 and
*3 7'8 and various la;s such as the Ceneral "ppropriations "ct 5y
usin and realinin pu5lic funds, not to aument actual
deficiencies or aument an existin item, 5ut to fund items not
existin or not found or funded in the Ceneral "ppropriations "ct
throuh the 6"P. 0his is a case ;here the :xecutive Nsu5stituted its
;ill to that of Conress
(4
,O the !upreme Court ruled in "raullo.
.4. By ;ay of example, Complainants cite the case of the
*+'* and the *+'/ C"".
a. :very year since he assumed office, President "Q#I$% has
5een su5mittin to Conress his 5udet proposal for the
su5se9uent fiscal year toether ;ith his 5udet messae.
5. In all of his 5udet messaes to the Conress, he trumpeted
his 5udet proposals and informed Conress that his
proposed 5udet ;as ;ell prepared, a result of consultations
;ith various overnment 5odies or the people in order to
craft a relevant and effective 5udet to meet the needs of the
Ailipino people. He claims to use 5udetary frame;or<s
such as Nzero 5ased 5udetO ;hich provides fundin 5ased
only on the actual needs and capacity of the overnment or
the executive aencies, and Nperformance 5ased 5udetO
;hich provides funds to P"Ps on the 5asis of performance.
c. 0hese ;ere the reasons ;hy herein impeachment
Complainants, the Ailipino people and even mem5ers of
Conress ;ere surprised ;hen President "Q#I$% later
claims on national television that he needed the 6"P in
68
Araullo, page ?"
Pae /' of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
order to realin supposed NsavinsO and unprorammed
funds 5ecause of the lac< of capacity of the aencies he
extolled, in implementin the pro>ects.
d. It is as if Conress ;as the one ;ho made the mista<e in
selectin these P"Ps and he needs the 6"P to clean up the
mess ;hich Conress created. "fter all, it ;as President
"Q#I$% ;ho proposed the 5udet and convinced Conress
that his 5udet proposals ;ere efficient and effective 5udet
proposals that ;ill effectively and efficiently respond to the
needs of the people.
e. %n )uly *1, *+'*, President "Q#I$% su5mitted his 5udet
proposal to the House of Representatives throuh 0he
$ational :xpenditure Proram for fiscal year *+'/ in ;hich
he defined the use of Nsavins?? under !ection (1 as-
/S@89I,+ 6ES9he President, the President of the
Senate, the SpeaAer of the .ouse of 3epresentatives, the
8hief Justice of the Supre4e 8ourt, the heads of
8onstitutional 8o44issions en;oying fiscal autono4y
and the ,4$uds4an, are here$y authoriDed to use
savings in their respective appropriations to augment
actual deficiencies incurred for the current year in any
item of their respective appropriations$

f. President "Q#I$% ;as therefore a;are, 5ecause he
actually defined it in his $:P, that savins 7i8 shall come from
the appropriations of the respective offices of the President,
!enate, House of Representatives, !upreme Court, the
Constitutional Commissions en>oyin fiscal autonomy and
the %m5udsmanE 7ii8 only aument actual deficiencies in the
current yearE and 7iii8 only for items in the respective
appropriations of the a5ove offices.
. Conress approved President "Q#I$%?s proposed $:P and
its provision on the use of NsavinsO and !ection 1* of the
Ceneral Provisions of Repu5lic "ct '+/1+ other;ise <no;n
0he Ceneral "ppropriations "ct for the Aiscal &ear *+'/
contained the follo;in-

/S@89I,+ E2S9he President, the President of the
Senate, the SpeaAer of the .ouse of 3epresentatives, the
8hief Justice of the Supre4e 8ourt, the heads of
8onstitutional 8o44issions en;oying fiscal autono4y
and the ,4$uds4an, are here$y authoriDed to use
savings in their respective appropriations to augment
actual deficiencies incurred for the current year in any
Pae /* of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
item of their respective appropriations$
h. 0he provisions in President "Q#I$%?s $:P ;hich he
su5mitted in )uly *1, *+'* and the *+'/ C"" ;hich 5ecame
a la; on 6ecem5er *4, *+'* ;ere actually faithful to the
constitutional provision on the use of savins in !ection *1
718 of the '34. Constitution ;hich expressly provides that -
/ #E2" +o la' shall $e passed authoriDing any transfer of
appropriationsL ho'ever, the President, the President of
the Senate, the SpeaAer of the .ouse of 3epresentatives,
the 8hief Justice of the Supre4e 8ourt, and the heads of
8onstitutional 8o44issions 4ay, $y la', $e authoriDed
to augment any ite4 in the general appropriations la'
for their respective offices fro4 savings in other ite4s
of their respective appropriations"1
i. Clearly, President "Q#I$% <no;s that savins can only 5e
used to a1g/#n& -&#/s +o1n, -n &2# GAA o+ &2a& $1%%#n&
y#a%, 5ecause he defined the use of savins in the very $:P
he proposed to Conress and ;hich Conress approved as
provided for in the C"".
>. "dditionally, President "Q#I$% <no;s or should have
<no;n that the Constitution provides under "rticle FI,
!ection *1 718 that savins can only 5e used to aument
existin items in the appropriations la;.
<. 6espite this <no;lede, President "Q#I$% <no;inly and
;illfully used pu5lic funds he called savins to fund items or
pro>ects not found in the appropriations la; until *+'/ as
detailed in the report of the 6BB to the !upreme Court and
in its Report on 6"P Pro>ects in the 6BB ;e5site includin
the follo;in-
1" P 2 BIHHI,+ for the BangAo Sentral ng Pilipinas #BSP2
as additional equity infusion to the BSPs capital stocA
2" P 6 Billion for repairs of a PA6 training 8enter
3" P !6"?13 Billion for 8orregidor +orth 0ocA
!" P1"! Billion for the supposed reha$ilitation of H39 Hines 1
and 2 including P3-E Billion to H39A upon H39As request
E" P 2 Billion for the repair of roads in 9arlac
l. In addition to the a5ove pro>ects, a num5er of pro>ects ;hich
Pae // of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
also are not found in the C"", ;ere funded 5y President
"Q#I$% throuh the 6"P, specifically-
1" P1!E Billion for a $ridge in 9uao, 8agayan
2" P 2!-"32? Billion for co44unications upgrade of the
Balacanang PS7
3" P2"!! Billion to repair a hall in Balacanang
!" P-E"?E to repair a road in 8a4p Bagong 0i'a
E" P ?E Billion for )ueDon Province as an offshoot of the
+P8s ta: lia$ility
6" P -,3->,>E!," Billion supposedly for Peace and
0evelop4ent Intervention #8P0I2 in the A3BB
?" P1"1 Billion for supposed training $y 9@S0A
-" P2"? Billion for Bureau of 8usto4s
>" P1"-1> Billion supposedly for the% #i2 unfunded
require4ents of the 7P.(8ordillera Peoples Hi$eration
Ar4y #8PHA2 8losure Agree4ent, #ii2 Support for Peace
and 0evelop4ent 8o44unities #SP082 of the B+H6, #iii2
/su$regional co44unity infrastructure1 a4ong others listed
in the 0BB 'e$site"

1"PE? Billion for a certain 7,88 called 9idcorp
11" P? Billion for ste4 cell research
12"P1 Billion for another infusion to BangAo Sentral ng
Pilipinas
.3. Clearly these acts of ;illfully, and intentionally realinin
and spendin pu5lic funds for prorams, activities and pro>ects not
existin in the appropriation la; under the circumstances discussed
a5ove, President "Q#I$% committed culpa5le violation of the
Constitution, specifically, "rticle FII, !ection '. and "rticle FI, !ection
*3 7'8.
D( P%#s-,#n& AQUINO 1n$ons&-&1&-onally
1s#, 1n0%og%a//#, +1n,s(
=''''''''''''''''''''''''''''''''''''''''''''''''''''''''''=
Pae /, of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
4+. $ot content ;ith committin the a5ove patently
unconstitutional acts, President "Q#I$% also ;antonly violated the
C""s 5y usin the unprorammed funds as additional fundin for his
favored 6"P P"Ps ;ithout the necessary certification from the
Bureau of 0reasury that the overnment?s revenue collection
exceeded its oriinal revenue taret. 0his practice, ;hich the Hih
Court voided, is an Nunsound fiscal manaement measure 5ecause it
;ould disreard the 5udet plan and foster 5udet deficits, in
contravention of the overnment?s surplus 5udet policy.O
(3
4'. Based on 6BB documents, total unprorammed funds
used for 6"P from *+'+ to *+'* ;ould reach P'(.., 5illion.
4*. Arom the foreoin, there is a clear and culpa5le violation
of the Constitution ;ith acts transressin specific constitutional
provisions on appropriation and transfer of appropriations, usurpin
the po;er of the leislature and underminin the 5asic principles of
separation of po;ers and chec<s and 5alances.
4/. "ain, all these acts 5latantly violate !ec. *1 718, "rt. FI of
the '34. Constitution. President "Q#I$% cannot claim that he is
una;are of the simple and clear import of the said provision, 5ein
himself a former three-term conressman and a senator prior to
5ecomin President.
4,. 0he !upreme Court as early as '34. in the case of
%emetria v. Alba
.+
struc< do;n as unconstitutional the follo;in
provision in P6 ''.. ;hich empo;ered the President to
indiscriminately transfer funds-
/9he President shall have the authority to transfer any fund,
appropriated for the different depart4ents, $ureaus, offices and
agencies of the @:ecutive 0epart4ent, 'hich are included in
the 7eneral Appropriations Act, to any progra4, pro;ect or
activity of any depart4ent, $ureau, or office included in the
7eneral Appropriations Act or approved after its enact4ent"1
41. In %emetria, the !upreme Court, in a lanuae so apt to
6"P, said that the stric<en provision-
/: : : e4po'ers the President to indiscri4inately
transfer funds fro4 one depart4ent, $ureau, office or agency of
the @:ecutive 0epart4ent to any progra4, pro;ect or activity of
6>
%d!, page -3"
70
73 +o" ?1>??, 6e$ruary 2?, 1>-?"
Pae /1 of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
any depart4ent, $ureau or office included in the 7eneral
Appropriations Act or approved after its enact4ent, 'ithout
regard as to 'hether or not the funds to $e transferred are
actually savings in the ite4 fro4 'hich the sa4e are to $e
taAen, or 'hether or not the transfer is for the purpose of
aug4enting the ite4 to 'hich said transfer is to $e 4ade" It
does not only co4pletely disregard the standards set in the
funda4ental la', there$y a4ounting to an undue delegation of
legislative po'ers, $ut liAe'ise goes $eyond the tenor thereof"
Indeed, such constitutional infir4ities render the provision in
question null and void"1
4(. "s President, it is incum5ent upon "Q#I$% to faithfully
honor, respect, and execute the la; and Nat the very least he is 5ound
not to violate the la;E not to order others to violate the la;E and not to
participate in the concealment of evidence respectin violations of
la; of ;hich he is made a;are.O
.'

4.. &et, the serial violations of the C""s M on the provisions
related to savins, the unprorammed funds, cross-5order
aumentation M is a 5latant 5etrayal of President "Q#I$%?s s;orn
constitutional duty to Nensure that the la;s 5e faithfully executed, as
mandated in "rt. FII, !ection '. of the Constitution and of his solemn
oath under !ection 1 thereof.
44. Indeed, instead of follo;in the clear, cateorical and
express mandate of the Constitution, President "Q#I$% defiantly
and repeatedly claimed ;ithout any shred of remorse that his acts are
constitutional, and that 6"P is Nnot por< 5arrelO, even if he clearly
dispenses laresse to leislators.
.*
)ust this )uly ',, he attac<ed the
!upreme Court openly and pu5licly, undermined its independence
and fired a veiled threat if the Botion for Reconsideration the
:xecutive is plannin to file is not decided in his favor.
./
@ithout
dou5t he demonstrated a 5ad example on ood manners and rihts
conduct.
71
A quote fro4 .a4ilton 6ish, Jr", a 3epu$lican, 'ho served as a 3epresentative fro4 +e' RorA
fro4 1>6>(1>>!" In 1>?!, as a 4e4$er of the Judiciary 8o44ittee, he held a s'ing vote on the
panel as it considered i4peaching then *S President 3ichard +i:on, at
http%&&'''"nysl"nysed"gov&4sscfa&sc211!>a"ht4 last accessed on July 1!, 21!"
72
/9he 0is$urse4ent Allocation Progra4 is not porA $arrel" ,f the 0AP releases in 211 and
212, only nine percent 'as dis$ursed for pro;ects suggested $y legislators" 9he 0AP is not theft"
9heft is illegal" Spending through 0AP is clearly allo'ed $y the 8onstitution and $y other la's"1
9ranscript, 9elevised Address of President Benigno S" Aquino III, ,cto$er 3, 213 #@nglish2"
http%&&'''"gov"ph&213&1&3&televised(address(of(president($enigno(s(BS A)*I+,(iii(
octo$er(3(213(english& #last accessed July -, 21!2
73
See +ote 1>"
Pae /( of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
43. :arlier, on )uly '', President "Q#I$% in a televised
ca5inet meetin had unilaterally a5solved !ecretary "5ad and
re>ected his resination sayin-
“0o accept his resignation is to assign to him a wrong,
and % cannot accept the notion that doing right by our people is
a wrong! 0herefore, % have decided not to accept his resignation
and % think the whole )abinet should be made aware of this!8
3+. President "Q#I$% cannot claim inorance of provisions
of the Constitution that are so clear and cateorical and he cannot
claim that he is una;are that his ar5itrary acts violate on its face
provisions of the Constitution and the 5asic principle of separation of
po;er and chec< and 5alance ;ithout condemnin himself unfit for
and un;orthy of the position of the President of the Repu5lic.
3'. In fact, this constitutional duty is so exactin that a far
lesser infraction li<e the extension 5y the President of the retirement
of military officers is also considered a culpa5le violation of the
Constitution.
.,
3*. President "Q#I$% cannot claim that he transressed the
Constitution aainst his ;ill 5ecause he is the most po;erful person
of the land. He is not under duress, nor hostae to anyone. President
"Q#I$% and !ecretary "5ad ;illfully and deli5erately sined,
released and implemented a series of orders usurpin the po;er of
Conress and violatin the Constitution. 0here ;as not even a
circumstance of necessity since he and his party-mates have the
74
3ecord of the 8onstitutional 8o44ission, Folu4e F, pages 3!(3E, ,cto$er 1, 1>-6"
9.@ P3@SI0@+9% 8o44issioner 0avide is recogniDed"
B3" 0AFI0@% 9hanA you, Bada4 President"
Te have arrived at this co4pro4ise refor4ulated proposal ;ointly 'ith 8o44issioners Bernas,
3a4a, 7uingona and the 4e4$ers of the co44ittee"
It reads% P+, HAT ,+ 3@9I3@B@+9 ,6 BIHI9A3R ,66I8@3S S.AHH AHH,T
@59@+SI,+ ,6 9.@I3 S@3FI8@"P
: : :
B3" 0AFI0@% Te can acco44odate 8o44issioner Padilla and re'ord it this 'ay% PHATS ,+
3@9I3@B@+9 ,6 BIHI9A3R ,66I8@3S S.AHH +,9 AHH,T @59@+SI,+ ,6 9.@I3
S@3FI8@"P
: : :
B3" 0@ H,S 3@R@S% Bada4 President, 4ay I asA one question of 8o44issioner 0avide"
9.@ P3@SI0@+9% 8o44issioner de los 3eyes is recogniDed"
B3" 0@ H,S 3@R@S% Suppose the President, despite a la' that does not grant e:tension,
any'ay grants e:tension to the general, does she co44it culpa$le violation of the 8onstitution
'hich is a ground for i4peach4ent<
B3" 0AFI0@% It relates to officers other than the 8hief of Staff under 'hich he 4ay $e allo'ed
e:tension" 9hen that 'ould $e a violation of the 8onstitution"
B3" 0@ H,S 3@R@S% 8ulpa$le<
B3" 0AFI0@% It can $e classified as culpa$le and, therefore, a ground for i4peach4ent"
B3" 0@ H,S 3@R@S% 9hanA you"
Pae /. of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
num5ers in Conress and toether they could have ;or<ed out a
N;in-;inO solution to supposedly 5edevilin pro5lems.
3/. His defense or excuse in committin acts that frontally
violate the Constitution are Nood faith,O i.e. his ood intention, and
his claim to accelerate spendin and pump prime the economy. If this
defense and excuse ;ill 5e ta<en as true and ;ill prevail, then any
President may no; 5e allo;ed to <no;inly, ;illfully and deli5erately
violate the Constitution on the pretext of pump primin the economy
or on claim of ood faith. 0hen, ;e miht as ;ell trash the
Constitution and let a dictator rule the country.
3,. 0here is damnin evidence of patent and unadulterated
5ad faith in President "Q#I$%?s implementation of 6"P. @hile he
and his alter eos defiantly claim the constitutionality of the un5ridled
>ulin of funds of his administration, in the not so distant past, ;hile
he ;as then a senator, President "Q#I$% la5eled the same actions
under the ;atch of his economics teacher, the then President Cloria
Bacapaal "rroyo, as Nmisused and a5used, and has emasculated
ConressH authority to chec< the PresidentHs discretionary po;er to
spend pu5lic funds. In effect, the President seems to have a vast and
un5ridled control over the national 5udet.O
.1
Has memory failed himS
%r ;hat is a 5ad thin then for the oose is no; a ood thin for the
anderS
31. President "Q#I$%?s 6"P is no; undou5tedly
unconstitutional or void for the assailed acts and practices are
essentially its crucial componentsE it constitutes Presidential por< --
the sources of its funds 5ein illeal and its dis5ursement rests solely
on the un5ridled discretion of the President, circumventin the po;er
of Conress to appropriate pu5lic funds for pu5lic use. Presidential
por<, as characterized in the implementation of 6"P, is not >ust a
source of corruption. It is also a display of fiscal dictatorship 5y
President "Q#I$% to ensure political patronae.
3(. Parenthetically, the realinment 5y President "Q#I$% of
these pu5lic funds to other pro>ects is practically a veto and he
effectively deprived Conress of the opportunity to override the veto
there5y violatin another express provision of the Constitution.
.(
75
@:planatory +ote, Senate Bill +o" 3121 authored $y then Sen" Benigno S" A)*I+, III,
entitled 9he Budget I4pound4ent 8ontrol Act filed on Barch !, 2>" A copy of said $ill is
attached as Annex #($"
76
Art" FI, Section ?%
/@very $ill passed $y the 8ongress shall, $efore it $eco4es a la', $e presented to the President" If
he approves the sa4e he shall sign itL other'ise, he shall veto it and return the sa4e 'ith his
o$;ections to the .ouse 'here it originated, 'hich shall enter the o$;ections at large in its Journal
and proceed to reconsider it" If, after such reconsideration, t'o(thirds of all the Be4$ers of such
.ouse shall agree to pass the $ill, it shall $e sent, together 'ith the o$;ections, to the other .ouse
Pae /4 of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
3.. President "Q#I$% is of course no ordinary overnment
employee or constitutional officer ;ho o;es and pledes fidelity to
the letter and spirit of the Constitution. He is the President of the
Philippines ;ho s;ore to preserve, defend and faithfully execute at all
times the Constitution and the la;s.
34. 0hus, ;hen he ;illfully, incorrii5ly and defiantly violates
any provision of the Constitution, especially the provision relatin to
the 5asic principle of separation of po;ers, that is no simple lapse or
error 5ut clearly a culpa5le violation since it transresses, it assaults
the very core of the present system of overnment.
33. Aor culpa5ly violatin the Constitution, President "Q#I$%
must 5e held accounta5le, for N;hen ;e allo; crimes to o
unpunished, ;e ive consent to their occurrin over and over
aain.O
..
II( BETRA!AL OF PUBLIC TRUST
P%#s-,#n& AQUINO BETRA!ED PUBLIC TRUST 62#n
2#C
A( P#%0#&1a&#, an, #=a$#%ba&#, &2# $o%%10& an,
0a&%onag# sys&#/ o+ 0o%k ba%%#l 62#n 2#
$%#a&#, a n#6 an, b-gg#% 0%#s-,#n&-al 0o%k
ba%%#l &2%o1g2 DAP) -ll#gally $#n&%al-4#, PADD
B-ll-on -n 01bl-$ +1n,s) an, %#$2ann#l#, sa-,
+1n,s &o 2-s 0#& 0%o7#$&s an, +a.o%#,
0ol-&-$-ans(

>( Co//-&&#, &y%ann-$al ab1s# o+ 0o6#% 62#n
2# 1s1%0#, &2# 0o6#% o+ &2# 01%s# o+
Cong%#ss -n .-ola&-on o+ A%&-$l# VI) S#$&-ons
>@ A" an, >? ?"(
E( V-ola&#, 2-s oa&2 o+ o++-$# &o +a-&2+1lly an,
$ons$-#n&-o1sly +1l+-ll 2-s ,1&-#s) 0%#s#%.#
an, ,#+#n, &2# Cons&-&1&-on) an, #=#$1&# &2#
la6s 62#n 2# .-ola&#, &2# Cons&-&1&-on) &2#
G#n#%al A00%o0%-a&-ons A$& an, &2# R#.-s#,
P#nal Co,#(
$y 'hich it shall liAe'ise $e reconsidered, and if approved $y t'o(thirds of all the Be4$ers of
that .ouse, it shall $eco4e a la'1
77
Inaugural Address, Pres" BS A)*I+, III, June 3, 21"
Pae /3 of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
D( P#%0#&%a&#, a& l#as& AAF $o1n&s o+ &2# $%-/#
o+ &#$2n-$al /al.#%sa&-on) an a$& o+ g%a+& an,
a $o%%10& 0%a$&-$#) 62#n 2# a00%o0%-a&#, an,
/-sa00%o0%-a&#,) an, 0#%/-&&#, o&2#%s &o ,o
so) PADD B-ll-on -n 01bl-$ +1n,s) an, a00l-#,
s1$2 &o 0%o7#$&s o&2#% &2an +o% 62-$2 s1$2
+1n,s 2a, b##n a00%o0%-a&#, by la6(
?( Co//-&&#, &2# $%-/# o+ $o%%10&-on o+ 01bl-$
o++-$#%s 62#n 2# a00%o.#, &2# %#l#as# o+
a,,-&-onal /-ll-ons 6o%&2 o+ 0o%k ba%%#l
0%o7#$&s &o s#na&o%'71,g#s ,1%-ng an, a+&#%
&2# -/0#a$2/#n& &%-al aga-ns& +o%/#% C2-#+
J1s&-$# R#na&o Co%ona(
'++. Before ta<in the mantle as Chief :xecutive, President
"Q#I$% vo;ed 5efore all Ailipinos-
“Ako si Benigno Aquino &&&. 'atimtim kong
pinanunumpaan na tutuparin ko nang buong katapatan at
sigasig ang aking mga tungkulin bilang (angulo ng
(ilipinas, pangangalagaan at ipagtatanggol ang kanang
)onstituson, ipatutupad ang mga batas nito, magiging
makatarungan sa bawat tao, at itatalaga ang aking sarili
sa paglilingkod sa Bansa. )asihan nawa ako ng %ios."
'+'. &et, mere months after ta<in over the helm of
overnment, President "Q#I$% created the 6"P. In the course of
implementin and defendin its unconstitutional aspects, he
ultimately made a travesty and a lie out of every ;ord of that oath
save his name.
'+*. 0he !upreme Court has already set the la; on N5etrayal
of pu5lic trust,O ;hich refers to Nacts ;hich are >ust short of 5ein
criminal 5ut constitute ross faithlessness aainst pu5lic trust,
tyrannical a5use of po;er, inexcusa5le nelience of duty, favoritism,
and ross exercise of discretionary po;ers.O !uch acts, ;hile not
amountin to indicta5le offenses, demonstrate the pu5lic officer?s
repunance to comply ;ith his or her oath of office.
.4

'+/. 0he Court declared that the round is Ndeemed 5road
enouh to cover any violation of the oath of office,O
.3
tempered only
78
9on:ales v! $ffice of the President, 7"3" +o" 1>6231, Septe4$er !, 212
?>
3ecord of the 8onstitutional 8o44ission, Folu4e II, page 2?2 #July 26, 1>-62%
B3" 3@7AHA0,% N9Ohis is 'ith respect to Section 2, on the grounds for i4peach4ent, and
I quote%
Pae ,+ of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
5y the invocation M and in this case, undenia5le proof M of Nhuman
error and ood faith.O
4+
'+,. In 5road terms, N5etrayal of pu5lic trustO encompasses Nall
acts ;hich are not punisha5le 5y statutes as penal offenses 5ut,
nonetheless, render the officer unfit to continue in office. It includes
5etrayal of pu5lic interest, inexcusa5le nelience of duty, tyrannical
a5use of po;er, 5reach of official duty 5y malfeasance or
misfeasance, cronyism, favoritism, etc. to the pre>udice of pu5lic
interest and ;hich tend to 5rin the office into disrepute.O
4'
A( P%#s-,#n& AQUINO BETRA!ED PUBLIC TRUST
62#n 2# 0#%0#&1a&#, an, #=a$#%ba&#, &2# $o%%10&
an, 0a&%onag# sys&#/ o+ 0o%k ba%%#l 62#n 2# $%#a&#,
a n#6 an, b-gg#% 0%#s-,#n&-al 0o%k ba%%#l &2%o1g2
DAP) -ll#gally $#n&%al-4#, PADD B-ll-on -n 01bl-$ +1n,s)
an, %#$2ann#l#, sa-, +1n,s &o 2-s 0#& 0%o7#$&s an,
+a.o%#, 0ol-&-$-ans(
x---------------------------------------------------------------------------x
'+1. In his speech on )uly ',, *+',, President "9uino averred
that 6"P is not the same as P6"A. %n the same day, ho;ever, the
6BB pu5lished on its official ;e5site a list of ''( 6"P pro>ects ;orth
P'(. Billion, includin the P'../ Billion funds to aument the
Conress P6"A or por< 5arrel funds.
'+(. &es, 6"P is different from P6"A, 5ut only insofar as 6"P
not 5ein approved 5y Conress and 5ein far 5ier and fatter than
P6"A, 5ut it is por< 5arrel >ust the same.
'+.. )ustice Brion 5elieves this is indeed rave and serious,
sayin that the Npresent 6"P case is a part of the country?s 5iest
/Jculpa$le violation of the 8onstitution, treason, $ri$ery, other high cri4es, graft and
corruption or $etrayal of pu$lic trust"1
Just for the record, 'hat 'ould the 8o44ittee envision as a $etrayal of the pu$lic trust 'hich
is not other'ise covered $y the other ter4s antecedent thereto<
B3" 3,B*H,% I thinA, if I 4ay speaA for the 8o44ittee and su$;ect to further
co44ents of 8o44issioner de los 3eyes Nthe proponent of the addition of $etrayal of pu$lic
trust as a groundO, the concept is that this is a catch2all phrase. 'eally, it refers to his
oath of office, in the end that the idea of a public trust is connected with the oath of
office of the officer, and if he violates that oath of office, then he has betrayed that trust.
80
9on:ales v! $ffice of the President, supra!
81
@:planation of the concept of /$etrayal of pu$lic trust1 $y 8o44issioner 0e los 3eyes,
3ecord of the 8onstitutional 8o44ission, Folu4e II, page 2?2 #July 26, 1>-62"
Pae ,' of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
scandal.O He enumerates the factors indicatin 6"P?s ravity and
seriousness-
/9he present 0AP case, for its part, involves
circu4stances that are si4ilar to the P0A6 and 4uch 4ore% it
involves funds a4ounting to al4ost P1E Billion or al4ost 1E
ti4es the P0A6 caseL entangle4ent 'ith the unconstitutional
P0A6L personalities at the very highest level in $oth the
@:ecutive and the Hegislative 0epart4ents of govern4entL and
de4onstrated lacA of respect for pu$lic funds, institutions, and
the 8onstitution" 9his case, in 4y vie', is the $iggest since I
ca4e to the 8ourt in ter4s of these factors alone"1
-2

'+4. 6"P li<e P6"A is a por< 5arrel fund, a hue source of
corruption and patronae politics. 0he por< 5arrel system
undermines the separation of po;ers 5et;een the three 5ranches of
overnment and the system of chec<s and 5alances amon them. It
constitutes irrational spendin not 5ased on sound, ;ell-5alanced
economic prorams and policies.
'+3. 6"P as por< 5arrel is a lump-sum pu5lic fund the
discretion over ;hich rests solely and ultimately on the President.
0his a5solute discretion practically 5y one man refers to the
determination of the P"Ps, the amounts to 5e allocated and the
5eneficiaries.
''+. Before the President ordered the ;ithdra;al of funds and
the poolin of uno5liated and unreleased funds into one hue
Nsavins,O said funds ;ere already appropriated 5y Conress throuh
the C"". 0he President has no po;er or discretion to allocate it
else;here on the 5asis of his sole ;ill, ;hims, caprices or intentions.
'''. 0hrouh 6"P, the illeally ;ithdra;n funds and illeally
declared savins 5ecome por< 5arrel in the hands of the President
and distri5uted to pet pro>ects and favored politicians.
''*. 0he list of ''( pro>ects released 5y the 6BB sho;s that
6"P functioned as presidential por< and ;as utilized for pro>ects that
do not necessarily have any 5eneficial impact to the poor and have
marinal or no impact on the entire economy.
''/. 0he 6"P has 5een touted as a stimulus proram that
aimed to address overnment underspendin and the economic
slo;do;n.
82
Araullo" Separate opinion of Justice Brion, page !"
Pae ,* of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
'',. In all their memos to the President, !ecretary "5ad and
the 6BB al;ays claimed that the proposed 6"P pro>ects have 5een
chosen 5ased on three criteria-
a. their multiplier impact on the economy and infrastructure
development
5. their 5eneficial effect on the poor
c. their translation into dis5ursements.
''1. Ho;ever, a closer and careful revie; of the pro>ects
funded 5y 6"P, particularly the various 6BB memos from %cto5er
*+'' to *+'/, alon ;ith the most recent )uly ',, *+', 6BB
disclosure of the ''( pro>ects funded 5y 6"P ;ill sho; that the entire
scheme ;as neither for the 5enefit of the economy nor the poor.
''(. If anythin, the 6BB list of ''( pro>ects strenthens our
claim that 6"P is nothin more than presidential por< 5ein
dispensed to various politicians and overnment officials, ;ith very
little 5enefit for the poor and the entire economy. Pro>ects approved
could hardly 5e considered as NprioritiesO that ;ould re9uire s;ift
dis5ursement 5y the President.
''.. Arom *+'+ to *+'/, President "Q#I$% had control of as
much as P'.. 5illion in funds comin from unreleased
appropriations, uno5liated funds and the unprorammed funds.
Arom these, the 6BB re9uested Presidential approval for various
NpriorityO pro>ects includin pro>ects not found in the C"" and pro>ects
that ;ere in the nature of cross-5order allocations.
''4. %ne of the most 9uestiona5le 6"P releases ;ere the
P6"A aumentations earlier descri5ed in 6BB?s memos to President
"Q#I$% 5ut are no; hidden under the item Nother various local
pro>ects.O Arom the most recent 6BB list, Nother various local
pro>ectsO refers to so-called N0%-o%-&y pro>ects nation;ide, re9uested
5y l#g-sla&o%s, local officials and overnment aenciesO.
''3. Consider the follo;in for instance-
4/

a. Item ,' of the list cited President "Q#I$% approved P(.1
Billion Nvarious local pro>ectsO or additional por< for
la;ma<ers in %cto5er *+''E
5. Item ./ sho;ed President "Q#I$% approved the release
of P4.+(' Billion for the same item of Nvarious other local
pro>ectsO in 6ecem5er *+''E and
83
Hist of 0AP pro;ects as of July 1!, 21! released $y the 0BB! +upra!
Pae ,/ of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
c. Item '++ sho;ed President "Q#I$% approved the
release of P*..1. Billion aain for Nvarious local pro>ectsO
for leislators and local officials in 6ecem5er *+'*.
'*+. In all, the extra por< called Qvarious local pro>ectsQ
amounted to a staerin P'../ Billion.
'*'. 0he deception here is that President "Q#I$% and the
6BB made it appear that it ;as the la;ma<ers ;ho ;ere re9uestin
the additional funds ;hen it ;as in fact the executive danlin the
funds 5efore the la;ma<ers.
'**. Complainant Renato Reyes of Bayan recalled a letter 5y
then !enate Ainance Committee chair Aran<lin 6rilon dated
$ovem5er **, *+'' as<in senators to Nsu5mit to the %ffice of the
=eislative Budet Research and Bonitorin %fficeTnot later than
$ovem5er *1, *+'', the list ofTpriority pro>ectsO of the senators.
!everal senators replied to !enator 6rilon 5y NnominatinO pro>ects
;orth P'++ Billion each. It ;as later revealed that the funds ;ere
released durin and after the Corona impeachment trial.
'*/. 0he letter 5y !enator 6rilon stemmed from the P( Billion
in so-called NsavinsO that ;ere 5ein made availa5le 5y Balacanan
as part of a P.*.' Billion overnment stimulus proram that ;as
announced %cto5er *+''. 0he la;ma<ers ;ere allo;ed to determine
ho; the amounts ;ould 5e used, hence they ;ere as<ed to
NnominateO pro>ects 5ased on the funds made availa5le 5y
Balacanan. It ;as a scheme ever similar to the P6"A system ;here
la;ma<ers are iven lump-sum fundin for priority pro>ects of their
choice.
'*,. "dditional por< cannot 5e 5eneficial for the economy nor
can it 5e 5eneficial for the poor as these funds often end up in
corruption. 0he Philippine 6aily In9uirer reported on )uly /, *+', that
some P,*1 million in 6"P funds may have one to fa<e $C%?s of
)anet =im-$apoles after the funds ;ere endorsed 5y five senators to
implementin aencies.
4,


'*1. Boreover, other 6"P pro>ects did not meet the stated
criteria of the proram and are more in the nature of por< and other
lump-sum spendin for administration allies. :xamples of these are-
a8 P?(DE> BILLION 6"R funds for the compensation of
landlordsE
84
http%&&ne'sinfo"inquirer"net&6163>&napoles(got(dap(funds(of(E(senators "
Pae ,, of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
58 PA(GA@ BILLION P"P funds for so-called peace pro>ects
related to 9uestiona5le peace pacts such as the CPH-
CP=" areement 7*+''8E
c8 PF(? BILLION N=C# support fundO of the 6I=C and 6BB,
a lump-sum supposedly for N=C#?s re9uirin financial
assistance to implement pro>ects under a prescri5ed
menuO 7*+''8, and ;hose actual dis5ursement is 5ased
on NuidelinesO approved 5y the 6I=C and 6BBE
d8 PG(?@> BILLION "RBB 0ransition and Investment
!upport Plan that covers such eneral oals as the
Ncreation of ena5lin environment for PPP to;ards
e9uita5le ro;th, improvement of pu5lic safety and
security, cleansin the electoral systemO 7*+''8E
e8 P>?J MILLION Performance Challene Aund that claims
to 5e a NPeople Po;ered Community 6riven
6evelopmentO pro>ect ;hich could >ust really 5e por<
mas9ueradin as a poverty alleviation proram 7*+''8E
f8 P> BILLION $ational Roads pro>ect for the President?s
home province of 0arlac 7*+'*8E
8 P? BILLION 0ourism Road Infrastructure Pro>ect 7*+'*8E
h8 PA(F BILLION for the NCapa5ility Re9uirements for the
%perations of the Philippine Coast Cuard in the @est
Philippine !eaOE
i8 PAA MILLION for the 6epartment of )ustice used for the
operatin re9uirements of 1+ investiation aents and '1
state attorneysE
>8 PD>G MILLION uprade of the communications facilities
of BalacananE and
<8 P>J MILLION allotted for the construction of a detention
facility for hih profile inmates.
'*(. 0he list of ''( pro>ects released 5y the 6BB clearly sho;
that 6"P functioned as presidential por< and ;as utilized for pro>ects
that do not necessarily have any 5eneficial impact on the poor, nor
5eneficial impact on the entire economy.
'*.. 0he list includes pro>ects mentioned in the Airst Cround
a5ove 7Culpa5le Fiolation of the Constitution8 not considered, nor
authorized 5y Conress or 5y the C""s.
Pae ,1 of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
'*4. It must 5e emphasized that the 6"P ;as implemented
5ehind a shroud of secrecy. Balacanan had pu5lished lump-sum
allocations of 6"P 5ut continue to stall, hede and refuse to pu5lish
full and specific reports on ho; 6"P lump-sum funds ;ere spent 5y
various overnment aencies. 0hey have the all to 5e stu55orn and
recalcitrant despite ;idespread calls for their disclosure, lamely
claimin that they ;ill do so at the Nappropriate time.O
'*3. 0he people can see throuh the selective peddlin of
sho;case P"Ps, com5ined ;ith the failure and refusal to fully
account to the people, a clear 5reach of pu5lic trust in the liht of
serious and credi5le alleations of 5ri5ery and corruption of pu5lic
officers 5efore, durin, and after the impeachment and conviction of
former Chief )ustice Renato Corona.
'/+. Aor 5revity, ;e ;ill not anymore recall here the relevant
events that lin<ed the 6"P to senator->udes and the impeachment of
former Chief )ustice Corona as it is already cited a5ove in the
"ntecedent Aacts.
'/'. 0hese alleations of 5ri5es and incentives in the form of
additional por< 5arrel for leislators have cast a dar< cloud over the
interity of the impeachment process aainst Corona, of the entire
!enate as an institution, and of the Presidency itself.
'/*. %utraed 5y the P'+ Billion $apoles and Balampaya
por< 5arrel scams, the Ailipino people ;hom President "9uino taed
as Nhis 5ossesO, protested in their millions in "uust *+'/ throuh
various means includin the Billion People Barch in =uneta and other
cities.
'//. 0he people?s call to the President and all officials is loud
and clear- a5olish the corrupt system of por< 5arrel and punish those
;ho a5used and misused the por< 5arrel.
'/,. President "Q#I$% viorously defended P6"A until the
people forced him to retreat and chane tac<. He a5olished the P6"A
5ut only in name and he shre;dly introduced a ne; mechanism
;here the erst;hile P*1 Billion P6"A is tuc<ed in as lump-sums in
various overnment departments of the *+', C"". 0hese lump-sums
are reportedly 5ein utilized 5y leislators as their ne; form of por<.
'/1. $o;, President "Q#I$% is fiercely fihtin for 6"P. 0he
people?s clamor has fallen on his deaf ears.
'/(. 0he perpetuation and defense of the por< 5arrel system
and 6"P is diametrically opposed to President "Q#I$%?s much
Pae ,( of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
vaunted sloan of Nkung walang korap, walang mahirapUO and Ndaang
matuwid", his election campain promise and platform.
'/.. Hence, President "Q#I$% must 5e impeached and 5e
removed from office for 5etrayin pu5lic trust 5y creatin and
dispensin ne;, 5ier, illeal por< 5arrel named 6"P.
2. P%#s-,#n& AQUINO BETRA!ED PUBLIC TRUST
62#n 2# $o//-&&#, &y%ann-$al ab1s# o+ 0o6#%
62#n 2# 1s1%0#, &2# 0o6#% o+ &2# 01%s# o+
Cong%#ss -n .-ola&-on o+ A%&-$l# VI) S#$&-ons >@
A" an, >? ?"(
x--------------------------------------------------------------------x
'/4. President "Q#I$% is actin li<e a full-fleded tyrant
havin 5een found to have usurped Conressional po;er and no;
repudiatin the rulin and unleashin open threats aainst the
!upreme Court for unanimously declarin the acts and practices
under 6"P as unconstitutional.
'/3. @e have already discussed extensively a5ove on
Culpa5le Fiolations of the Constitution President "Q#I$%?s
usurpation of Conress? po;er of appropriation.
',+. President "Q#I$%?s assailed acts usurp the po;er of
Conress M to ;ithdra; funds appropriated 5y Conress to definite
P"Ps is to contravene the ;ill of Conress as supposed
representatives of the peopleE to declare as savins said uno5liated
funds includin unreleased funds in the middle of the fiscal year is to
violate the limitations set 5y Conress on savinsE to spend pu5lic
money to P"Ps not considered 5y Conress and the C"" is to simply
usurp the po;er of Conress to appropriateE and to transfer savins,
to Conress is to undermine the independence of the leislative
5ranch of overnment.
','. "s alluded to a5ove, President "Q#I$% in his televised
speech last )uly ',, *+', viciously lam5asted the !upreme Court,
insinuated personal attac<s and unleashed threats of escalatin
collision and intervention of Conress should the !upreme Court not
reconsider its rulin aainst 6"PE to ;it-
“.ay mga naririnig din akong bulung,bulungan na baka
pinepersonal lang daw ako sa isyung ito; na para bang
hinahamon akong personalin din sila! Ang sabi ko na lang po:
#ilang Pangulo at ama ng bayan, kailangan kong maging
mahinahon, at isulong ang tamang proseso4
Pae ,. of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
4Ang mensahe ko po sa -orte +uprema: Ayaw nating
umabot pa sa puntong magbabanggaan ang dalawang
magkapantay na sangay ng gobyerno, kung saan kailangan
pang mamagitan ng ikatlong sangay ng gobyerno! .ahirap
pong maintindihan ang desisyon ninyo4"
',*. 0hose ;ords are not only unpresidential, disrespectful to
and defiant aainst a co-e9ual 5ranch of overnment, 5ut 5etrays
tyrannical a5use of po;er 5y the President. He is actually threatenin
and harassin the !upreme Court to 5o; to his ;ill.
',/. President "Q#I$%?s creation, implementation, and
defense of 6"P, ;hile not for the moment indicta5le as criminal
offenses due to his incum5ency, actually constitutes tyrannical a5use
of po;er, 5reach of his duty to faithfully execute the la;s 5y
malfeasance or misfeasance, ;anton violation of several la;s, and
indifference to over;helmin pu5lic sentiment.
',,. @hile the 6ecision conceded that the :xecutive Branch
has the discretion to 5e flexi5le durin 5udet execution, it is replete
;ith confirmation of the tyrannical a5use of po;er as evident in the
6"P?s unconstitutional aspects. By fundin non-existin P"Ps, 6"P
ave President "Q#I$% Nunfettered discretion that allo;ed VhimW to
su5stitute his o;n ;ill for that of Conress.O
41
E( P%#s-,#n& AQUINO BETRA!ED PUBLIC TRUST
62#n 2# .-ola&#, 2-s oa&2 o+ o++-$# &o +a-&2+1lly an,
$ons$-#n&-o1sly +1l+-ll 2-s ,1&-#s) 0%#s#%.# an, ,#+#n,
&2# Cons&-&1&-on) an, #=#$1&# &2# la6s 62#n 2#
.-ola&#, &2# Cons&-&1&-on) &2# G#n#%al A00%o0%-a&-ons
A$&s an, &2# R#.-s#, P#nal Co,#(
='''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''=
',1. Pu5lic office is a pu5lic trust.
4(
In the case of ;hat is the
hihest official of the land, that faith is 5olstered 5y the President?s
oath of office, ;hich the people enshrined in the cited !ection 1,
"rticle FII of the '34. Constitution. @ith those ;ords, President
"Q#I$% s;ore fealty to pu5lic interest on )une /+, *+'+.
',(. 0he oath of office is the commitment 5y ;hich the pu5lic
>udes all its officers. "ny rave and deli5erate transression, much
85
Araullo, page ?1"
-6
Section 1, Article 5I of the 1>-? 8onstitution"
Pae ,4 of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
more 5y the hihest official of the land, should 5e rihtfully >uded as
a 5etrayal of that faith reposed 5y the people. $e;s of pu5lic
servants actin in utter defiance of the Constitution and in complete
disreard of ;hat they s;ore to the hih heavens 5efore assumin
their posts further erode the people?s trust and faith in the
overnment. 0he !upreme Court says this of lo;ly overnment
officials
4.
M ;ith all the more reason that this applies to the President.
',.. @here such 5etrayal of the President ;as attended 5y
5ad faith and of such ravity and seriousness,
44
the people have the
moral and leal riht M and the House of Representatives has the
responsi5ility M to impeach him and cause his removal from office.
',4. )ustice Brion expounded the rave and serious
implications of 6"P on the repu5lican system and the rule of la;-
1Separate fro4 these circu4stances, 4any other
principles underlying our 'epublic are at sta3e and 'e, as a
nation, cannot and should not $e perceived to $e 'eaA or
hesitant in supporting these principles" A4ong the4 are the
regime of the rule of law where we cannot afford to fail4 our
constitutional system of chec3s and balances and of the
separation of powers that indicate the health of
constitutionalism and democracy in our country4 the
stability of our government in light of the possi$le effect that
our ruling, either 'ay, 'ill have on the institutions and officials
involvedL and the moral values and the people5s level of trust
that 'e cannot allo' to disintegrate"
->
',3. !imilarly, the itinerant cross-5order transfers to the House
of Representatives and Commission on "udit, ;hich President
"Q#I$% approved violated the Nfundamental policy of the
Constitution VaainstW X>ulin? of funds V;hichW is often a rich source
of un5ridled patronae, a5use and intermina5le corruption,O
3+
and
th;arted the Nconressional 5udetary ;ill 5y crossin constitutional
5oundaries x x x thro;n in to secure the painsta<inly desined
chec<-and-5alance mechanisms.
3'

87
)ity .ayor of <amboanga v" )ourt of Appeals, 7"3" +o" -2?, 6e$ruary 2?, 1>>!
--
9on:ales, supra!
89
Araullo, Separate opinion of Justice Brion, page !"
>
Araullo, Separate opinion of Justice 8arpio, page 2"
91
Araullo, Separate opinion of Justice Brion, page 32"
Pae ,3 of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
'1+. Aurthermore, the 6"P allo;ed President "Q#I$% to lord
over the line aencies 5y declarin prematurely as NdiscontinuedO or
ar5itrarily as Nslo;-movinO
3*
P"Ps ;hich are immediately ;ithin the
competence and <no;lede of those aenciesPnot President
"Q#I$%?sPto declare.
'1'. "s mentioned a5ove, the 6"P ;as also the instrument 5y
;hich several la;s ;ere violated, such as the *+'', *+'*, and *+'/
C""s on the proper declaration of savins and aumentation of
funds. "t President "Q#I$%?s instance, at least ''( counts of
technical malversation ;ere committed, to the tune of at least P',,
Billion. "ll these ;ere repeatedly done over and over aain despite
President "Q#I$%?s s;orn duty to faithfully execute the la;s.
'1*. Boreover, the 6"P?s cost is not >ust measura5le in 5illions.
Bore importantly, its damae can 5e measured in terms of lost social
services to the people and diminished functions of overnment
aencies throuh foreone capa5ility to hire ne; personnel and
aument the 5enefits of those already hired, all of ;hich are fully
<no;n to President "Q#I$% since the time he created 6"P.
'1/. President "Q#I$%?s administration, despite havin 5een
ordered 5y the !upreme Court as early as 6ecem5er *+'/, only
5elatedly came out ;ith list of ''( P"Ps from ;hich 6"P funds ;ere
;ithdra;n, the amounts of each ;ithdra;al, and the P"Ps ;hich
;ere ultimately funded and 5y ho; much.
'1,. "side from illustratin the damae to accounta5ility and
transparency over the pu5lic coffers, this situation ives us an idea of
;hat and ho; much the pu5lic lost in terms of social services. 0he
6BB memos provide initial data on the aencies ;hich ;ere deprived
of their respective much needed prorams and services, includin
those from the 6epartment of :ducation and 6epartment of Health.
i
'11. Aor instance, "nnex " of the unconstitutional $BC 1,',
entitled N=ist of Prorams, Pro>ects, "ctivities for Possi5le @ithdra;alO
is tellin as to the <ind of pro>ects not spared 5y 6"P. :xamples of
these unfortunate P"Ps ;ere under the 6epartment of "riculture,
6epartment of :ducation, and 6epartment of Health.
ii
'1(. 0he amounts forci5ly, prematurely and artificially declared
as NsavinsO at the middle of the year translate to diminished
capa5ility to social services ;ithin their respective mandates. 0hey
also mean the affected aencies? lost capacities to aument, ;hen
92
Tith the artificial assu4ption of the PAPs as /i4ple4entation(ready and doa$le,1 uno$ligated
allot4ents for 6R 211 'ere /i44ediately considered for 'ithdra'al"1 9he 0BB also assu4ed
agencies /having su$stantial carryover appropriations1 have /slo'er(than(progra44ed
i4ple4entation capacity"1 #+B8 E!12" Annex #A$"
Pae 1+ of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
yearend comes, their employees? 5enefits such as those under
collective neotiation areements or their operational expensesE or to
hire temporary supplemental personnel.
'1.. 0here are in fact common provision in the annual C""s to
the effect that the priority of aencies reardin savins realized at
the end of the fiscal year should o to personnel development and to
aument 5enefits and incentives of overnment employees and that
the remainder shall revert 5ac< to the national treasury.
'14. It is our position that the determination of the existence of
savins and the decision ;here these amounts ;ill o
3/
are po;ers
left 5y the Constitution to the officers enumerated, that is, for their
Nrespective offices.Q
'13. 0he act of poolin these funds 5y President "Q#I$% too<
a;ay the authority iven 5y la; to these aencies to use their
respective savins for overnment employees and thus damaed
their interest.
D( P%#s-,#n& AQUINO BETRA!ED PUBLIC TRUST
62#n 2# 0#%0#&%a&#, a& l#as& AAF $o1n&s o+ &2# $%-/#
o+ &#$2n-$al /al.#%sa&-on) an a$& o+ g%a+& an, a
$o%%10& 0%a$&-$#) 62#n 2# a00%o0%-a&#, an,
/-sa00%o0%-a&#,) an, 0#%/-&&#, o&2#%s &o ,o so) PADD
B-ll-on -n 01bl-$ +1n,s) an, a00l-#, s1$2 &o 0%o7#$&s
o&2#% &2an +o% 62-$2 s1$2 +1n,s 2a, b##n
a00%o0%-a&#, by la6(
='''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''=
'(+. Craft and corruption is one of the most potent M if not most
reprehensi5le M rounds for impeachment, as it oes into the very
core of the concept that a pu5lic office is a pu5lic trust. NV0Whe
violation is itself a violation not only of the economy 5ut the moral
fa5ric of pu5lic officials...the violation of the "nti-Craft and Corrupt
Practices "ct, V;hichW, in effect, is a violation of the pu5lic trust
character of the pu5lic office...O
3,
'('. Bein an unscrupulous a5use of authority and a rave
dishonesty in pu5lic service, the crime of illeal use of pu5lic funds or
property, more commonly <no;n in criminal la; as technical
malversation, is patently and precisely an act of raft and corruption
93
As ena$led $y provisions under general appropriations la's on use of savings #e"g", Section E>
in the 211 7AA2, 4eaning of savings and aug4entation #Section 62, priority in the use of
savings #Section 61, a4ong others2"
94
0avide, 3ecord of the 8onstitutional 8o44ission of 1>-6, Folu4e II, p" E2E
Pae 1' of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
that is sanctioned under the chapeau of Repu5lic "ct $o. /+'3, or the
"nti-Craft and Corrupt Practices "ct, and specifically penalized 5y
"rticle **+ of the Revised Penal Code.
31
'(*. In the present 6"P mess, the elements of technical
malversation, are larinly complete, to ;it-
a8 that the offender is an accounta5le pu5lic officerE
58 that he applies pu5lic funds or property under his
administration to some pu5lic useE and
c8 that the pu5lic use for ;hich such funds or property ;ere
applied is different from the purpose for ;hich they ;ere
oriinally appropriated 5y la; or ordinance.
'(/. President "Q#I$% as the President is directly andGor
primarily involved in the four staes of the 5udet cycle- 7'8 Budet
PreparationE 7*8 Budet =eislationE 7/8 Budet :xecutionE and 7,8
"ccounta5ility.
'(,. 0hrouh his alter eo !ecretary "5ad, President "Q#I$%
conducts the 5udet call 7or preparation8 in order to craft the $ational
:xpenditure Proram 7$:P8 and a Budet of :xpenditures and
!ources of Ainancin 7B:!A8. %nce the President approves 5oth, the
Budet !ecretary prepares the 5udet documents for su5mission to
Conress, as mandated 5y the Constitution- N;ithin thirty 7/+8 days
from the openin of the reular session, as the 5asis for the eneral
appropriations 5ill, a 5udet of receipts and expenditures and sources
of financin, includin receipts from existin and proposed revenue
measures.O
3(

'(1. 0hereafter, the 5udet execution phase is primarily the
function of the 6BBE ;hile accounta5ility is a t;o-trac< process
;here 5oth the 6BB and the Commission on "udit, a constitutional
commission, evaluate and audit the records of the overnment.
95
A39" 22" Illegal use of pu$lic funds or property" S Any pu$lic officer 'ho shall apply any
pu$lic fund or property under his ad4inistration to any pu$lic use other than that for 'hich such
fund or property 'ere appropriated $y la' or ordinance shall suffer the penalty of prision
correccional in its 4ini4u4 period or a fine ranging fro4 one(half to the total value of the su4
4isapplied, if $y reason of such 4isapplication, any da4age or e4$arrass4ent shall have
resulted to the pu$lic service" In either case the offender shall also suffer the penalty of te4porary
special disqualification"
If no da4age or e4$arrass4ent to the pu$lic service has resulted, the penalty shall $e a
fine fro4 E to E per cent of the su4 4isapplied"
96
Section 22, Article FII of the 1>-? 8onstitution"
Pae 1* of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
'((. "ll this is ;ithin the ;ide am5it of the po;er of control that
the Constitution has vested upon the President, ;here he is Nthe
:xecutive of the Covernment of the Philippines and no other.O
3.
'(.. President "Q#I$% thus is the accounta5le pu5lic officer
for the entire national 5udet of the overnment. 0he President
prepares and executes the national 5udet, the national
overnment?s N5lueprint of expenditures and sources of financinO
;hich Nspells out the costs of overnment?s plans and operations for
the entire fiscal yearO.
34

'(4. $ot only does he cause the passae of the national
5udet into la;, execute and account for it, he ensures that it is
funded and covered 5y revenues of the overnment. "nd althouh
Conress has the Npo;er of the purseO and li<e;ise the Npo;er to
levy and collect taxesO, it is the :xecutive ;hich has the po;er to
implement, enforce, and execute such prorams funded 5y the taxes
and revenues as duly appropriated.
'(3. Havin 5een Nduly entrusted ;ith overnment funds or
propertyO
33
, the President is the accounta5le pu5lic officer for all
appropriations under the C"". President "Q#I$% is accounta5le 5y
reason of his office, and 5y the nature of the duties ;hich he
performs.
'++
He ;as the superior authority ;ho could, ultimately,
dis5urse such pu5lic funds.
'.+. "s already discussed at lenth a5ove, President "Q#I$%
has openly and even arroantly ac<no;leded that he used and
authorized the use of 5udets previously set aside as certain
appropriations, to fund other and different prorams, activities, or
pro>ects. President "Q#I$% himself explained, spea<in in the
vernacular in a televised address, the mechanism of >ulin the
funds-
“&inawin na rin po natin: Hindi porA $arrel ang
0is$urse4ent Acceleration Progra4"
: : :
97
=illena v! +ecretary of the %nterior, 7"3" +o" H(!6E?, April 21, 1>3>"
>-
Budget 4essage for 213, delivered http%&&'''"gov"ph&212&?&2!&213($udget(4essage(of(
President(aquino&, last accessed July 11, 21!
>>
People v! >uinones, 7"3" +o" 83(2E223" 0ece4$er 1?, 1>-E"
1
/In the deter4ination of 'ho is an accounta$le officer, it is the nature of the duties 'hich he
perfor4s U and not the no4enclature or the relative i4portance the position held U 'hich is the
controlling factor"1 7ueda, ?r! v! +andiganbayan, 3!6 S83A 3!1 #22L 2nited +tates v!
=ela:@ue:, 32 Phil" 1E? #1>1E2"
Pae 1/ of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
“Paano gumagana ang mekanismong itoA +imple lang
po! .ay mga ahensya, na sa iba1t ibang kadahilanan, hindi
agad naipapatupad ang mga proyekto nila; mayroon namang
masigasig at mabilis magpatupad ng mga proyekto! -apag
naantala ang pagpapatupad ng proyekto, natural, hindi rin ito
gugugulan ng pondo! Hindi po natin hinahayaang matulog ang
pondong ito: Humanap tayo ng programang nakapila sa ilalim
ng ahensyang mabilis magpatupad, at doon natin itinutok ang
pondong natipid, pati na rin ang dagdag na perang kinita ng
ating gobyerno! .as mabilis at napaaga ang pagdating ng
benepisyo sa mamamayan, at mas masinop at epektibo nating
nagugol ang perang taun,taong nakalaan sa ilalim ng
Pambansang #udget!"
BB
'.'. It is undisputed that the funds from Naencies ;ith lo;
levels of o5liationsO that President "Q#I$% tareted had 5een
o5liated in the C"" of the previous year. "s discussed a5ove, $BC
$o. 1,' ;ithdre; the Nunreleased or unalloted appropriationsO and
declared them as savins, an act that the !upreme Court has
decisively declared Ninvalid for 5ein 5ereft of leal supportO.
'+*

'.*. "s has 5een extensively discussed earlier, President
"Q#I$% misera5ly failed to >ustify the ;ithdra;al and poolin of such
NsavinsO as 5ein ;ithin the contemplation of the C""s of *+'',
*+'*, and *+'/. Civen that $BC $o. 1,' is neither a la; nor
ordinance ;hich leally Nun-appropriatedO, as it ;ere, nor re-
appropriated the funds, these remained ;ithin the coverae of their
oriinal appropriations.
'+/

'./. "s the 6"P scheme unravelled, it 5ecame clear as day,
that President "Q#I$% used, transferred and realined so-called
NsavinsO of aencies and offices of overnment from some purported
Nslo;-movinO P"Ps to P"Ps identified 5y the executive and
leislators. "s of *+'/, a total of P',,., 5illion ;orth of funds for at
least ''( P"P! ;ere implemented throuh the 6"P.
'+,

'.,. "ain, the 6ecision is explicit and definite- the ;ithdra;al
of uno5liated allotments not considered as savins for the purposes
of aumentation, or, despite the funds 5ein considered as savins,
101
http%&&'''"g4anet'orA"co4&ne's&story&3332-&ne's&nation&pnoy(on(porA($arrel(and(dap(
pagnanaAa'(ang(tunay(na(ugat(ng(isyung(ito last accessed on July 1!, 21!"
102
Araullo, page 6E"
103
Parungao v! +andiganbayan, 7"3" +o" >62E, Bay 1E, 1>>1"
104
Araullo, page 6- citing the 9S+, January 2-, 21!, p" 12"
Pae 1, of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
the aumentation of items cross-5order or the fundin of P"Ps
;ithout an existin appropriation cover are unconstitutional acts
andGor practices under the 6"P.
'.1. $ot even the dis5ursement of funds considered
NunprorammedO 5y the 6"P can 5e considered constitutional. !till,
the C""s, the mother la; of overnment appropriations, precisely
specify the instances ;hen unprorammed funds could 5e released
and &2# 01%0os#s +o% 62-$2 &2#y $o1l, b# 1s#,.
'+1
'.(. It is esta5lished that appropriation is the Nleislative
authorization prescri5ed 5y the Constitution that money 5e paid out of
the 0reasury.O
'+(
"s it is, for exercisin such po;er 5eyond the scope
of his authority, for su5stitutin his ;ill for that of Conress
'+.
,
President "Q#I$% in fact commits the separate crime of usurpation
of leislative po;ers, penalized 5y "rticle */3 of the Revised Penal
Code.
'+4

'... Invo<in the authority to aument vested 5y the
Constitution
'+3
, President "Q#I$% then cloa<s his ultra vires acts of
movin and reallocatin funds meant for one pu5lic purpose to
another ;ith the claim of ood intentions. 0his he pu5licly claimed
repeatedly ;hen alarm 5ells ;ere raised.
'.4. 0he case of =eyte Bunicipal Bayor "rturo &sidoro is
star<ly definitive a5out the nature of this felony. In )une *++' he
approved the release and sined the ;ithdra;al slip for four sac<s of
rice and t;o 5oxes of sardines ;orth P/,/3(.++ from the feedin
proram for malnourished children, to supplement food provisions for
those ;or<in under their shelter assistance proram, ;hich served
indient victims of calamity.
'.3. :erily evocative of "Q#I$%?s defense, &sidoro claimed
that the diversion ;as valid since the oods ;ere NsavinsO of the
feedin proram, and invo<ed ood faith, 5elievin that the
municipality?s poor shelter proram 5eneficiaries ;ere also in urent
need of food, and that the su5>ect oods meant for the poor of the
105
Araullo, page" ??"
106
9on:ale: v! 7a@ui:a, 7"3" +o" 2>62?, 0ece4$er 1>, 1>->"
1?
Araullo, p" ?, ?1"
1-
Article 23>" *surpation of legislative po'ers U 9he penalties of prision correccional in its
4ini4u4 period, te4porary special disqualification, and a fine not e:ceeding 1, pesos, shall
$e i4posed upon any pu$lic officer 'ho shall encroach upon the po'ers of the legislative $ranch
of the 7overn4ent, either $y 4aAing general rules or regulations $eyond the scope of his
authority, or $y atte4pting to repeal a la' or suspending the e:ecution thereof"
1>
Section 2E #E2, Article FI of the 1>-? 8onstitution
Pae 11 of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
municipality ;ere served to the poor. Both defenses failed in the
Court- the declaration of the oods as savins ;as premature, havin
5een declared in the middle of the year, and ood faith is not material
in such alleations.
'4+. 0he Court in this *+'* case too< this occasion to clarify
that criminal intent is not an element of technical malversation. 0he
la; punishes the act of divertin pu5lic property earmar<ed 5y la; or
ordinance for a particular pu5lic purpose to another pu5lic purpose.
0he offense is mala prohibita, meanin that the prohi5ited act is not
inherently immoral 5ut 5ecomes a criminal offense 5ecause positive
la; for5ids its commission 5ased on considerations of pu5lic policy,
order, and convenience.
''+

'4'. It is the commission of an act as defined 5y the la;, and
not the character or effect thereof, that determines ;hether or not the
provision has 5een violated. Hence, malice or criminal intent is
completely irrelevant.
'''
'4*. In the case at 5ar, despite pu5lic criticism in the midst of
6"P implementation, President "Q#I$% continued to <no;inly,
deli5erately and intentionally execute the 6"P, thus committin at
least ''( counts of technical malversation involvin at least P',,.,
5illion of pu5lic funds ;hen he created, authorized, and implemented
6"P throuh a series of memoranda
''*
from !ecretary "5ad, ;hich
President "Q#I$% personally approved and endorsed.
'4/. &et despite the uproar, President "Q#I$% continued to
<no;inly, deli5erately and intentionally execute the 6"P and there5y
commit acts constitutin technical malversation punished 5y la;. But
it is the commission of an act as defined 5y the la;, and not the
character or effect thereof, that determines ;hether or not the
provision has 5een violated.
''/
110
Csidoro v! People of the Philippines, 7"3" +o" 1>233, 1! +ove4$er 212, citing 6H,3@+V
3@7AHA0,, 83IBI+AH HAT 8,+SP@89*S #23 rev" ed2, citing People v! Pavlic, 22?
Bich", E63, +"T" 3?1, 3E AH3"
111
Id", citing &uciano v! Dstrella, 1!E Phil" !E!, !6!(!6E #1>?2"
112
a" Be4orandu4 dated ,cto$er 12, 211 #Anne: /B12
$" Be4orandu4 dated 0ece4$er 12, 211 #Anne: /812
c. Be4orandu4 dated June 2E, 212 #Anne: /02
d. Be4orandu4 dated 0ece4$er 1>, 212 #Anne: /@12
e. Be4orandu4 dated Septe4$er !, 212" A copy of this Be4orandu4 is attached as
Annex #G$.
f. Be4orandu4 dated Bay 2, 213" A copy of this Be4orandu4 is attached as #Annex
#%$.
g. Be4orandu4 dated Septe4$er 2E, 213" A copy of this Be4orandu4 is attached as
Annex #I$.
113
Rsidoro v" People, supra!
Pae 1( of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
'4,. President "Q#I$% committed at least ''( counts of
technical malversation involvin at least P',, 5illion of pu5lic funds
;hen he created, authorized, and implemented 6"P throuh a
scheme personally approved and endorsed 5y President "Q#I$%.
'41. It has 5een held 5y the !upreme Court that >ulin of
funds, Nno matter ho; no5le or miniscule the amount divertedO
'',
,
constitutes the crime of technical malversation. @ith more reason
should President "Q#I$%?s acts constitute technical malversation
iven the malevolent purpose and the manitude of the amount
involved in this 6"P mess. Hence, after the present Presidential
immunity ;ears off, may 5e readily indicted for technical malversation
as pro5a5le cause can 5e esta5lished that he diverted pu5lic funds to
any pu5lic use other than that provided for 5y la; or ordinance.
''1

?( P%#s-,#n& AQUINO BETRA!ED PUBLIC TRUST
62#n 2# $o//-&&#, &2# $%-/# o+ $o%%10&-on o+ 01bl-$
o++-$#%s 62#n 2# a00%o.#, &2# %#l#as# o+ a,,-&-onal
/-ll-ons 6o%&2 o+ 0o%k ba%%#l 0%o7#$&s &o s#na&o%'
71,g#s ,1%-ng an, a+&#% &2# -/0#a$2/#n& &%-al aga-ns&
+o%/#% C2-#+ J1s&-$# R#na&o Co%ona &o 1n,1ly
-n+l1#n$# &2# sa-, &%-al(
x---------------------------------------------------------------------------x
'4(. President "Q#I$% committed at least '3 counts of the
crime of attempted corruption of pu5lic officers ;hen he offered or
promised millions ;orth of por< 5arrel pro>ects to senator->udes to
unduly influence the impeachment trial aainst former Chief )ustice
Corona.
'44. %n *3 Bay *+'*, the !enate sittin as an Impeachment
Court, convicted Chief )ustice Renato Corona for culpa5le violation of
the Constitution and 5etrayal of pu5lic trust, ;hen he failed to
disclose to the pu5lic his statement of assets, lia5ilities and net ;orth.
'43. In addition to ;hat the no;-detained !enator :strada has
disclosed as mentioned in the antecedent facts, !enator Bon Revilla
;ho is similarly no; detained, exposed in a privilee speech on
)anuary *+, *+', that President "Q#I$% meddled in the Corona
impeachment trial.
114
%d"
115
Palma 9il v! People of the Philippines, 1?? S83A 22> N1>->O"
Pae 1. of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
'3+. In a meetin held at the residence of the President in
Bahay Panarap, the senator 9uoted the President as sayin, N(are,
parang awa mo na. &balato mo na sa akin ito. )ailangan siang ma*
impeach.O 7Ariend, I appeal to you. Please ive me this. He needs to
5e impeached.8 "lso present durin meetin ;as !ecretary "5ad ;ho
told Revilla, N'agtulungan tao, senator.O 7=et?s help one another,
senator.8
'3'. 0he offer of help, comin no less from the Budet
!ecretary, and made in the presence of the President, could only
mean that the Chief :xecutive ;as tryin to influence the outcome of
the trial usin pu5lic funds. =ater on, "5ad?s Nmatulunan tayoO
;ould translate in additional pro>ects for senators under the 6"P.
'3*. "s can 5e leaned from 6BB memoranda, records and
ne;s reports, 5et;een "uust *+'* and )anuary *+'/, the 6BB
throuh "5ad released a total of P'.+(+1 5illion to !enators under
the 6"P.
'3/. President "Q#I$% claimed that the P1+ Billion 6"P
iven to senators did not constitute 5ri5es 5ecause it ;as iven after
the fact, an arument untena5le 5ecause a 5ri5e is not limited 5y
time.
'3,. Indeed, ;hat is essential is that an offer or promise ;as
made to a pu5lic officer, in consideration of the execution of an act,
;hich ;hile may not 5e a crime, is in connection ;ith the
performance of his official duty. !uch act is punished under "rticle
*'* of the Revised Penal Code, under the same title as 5ri5ery.
'31. 0he crime of attempted M or consummated, if the case
may 5e M corruption of a pu5lic officer ;as committed ;hen President
"Q#I$%-
a8made an offer or promise to a pu5lic officer,
58 under circumstances that ;ill ma<e the pu5lic officer lia5le
for direct 5ri5ery or indirect 5ri5ery.
'3(. 0his provision penalizes the person ;ho made the offer or
promise, even if the ift ;as demanded 5y the pu5lic officer, and the
offer ;as not made voluntarily prior to the said demand 5y the pu5lic
officer.
''(
116
3eyes, 9he 3evised Penal 8ode BooA 9'o, 1?th @d", 2-, p" 3>6"
Pae 14 of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
'3.. "ll told, contrary to his pu5lic disavo;al of corruption,
President "Q#I$% is himself uilty for acts of raft and corruption, a
fact necessitatin his impeachment for 5etrayal of pu5lic trust.
'34. "ll told, it is evident from all the a5ove premises that
President "Q#I$% is uilty of 5etrayin the pu5lic trust that his oath
and office carried 5y co-creatin, approvin, implementin and
defendin the 6"P. He in fact continues, in a manner of spea<in, to
5etray the pu5lic trust 5y incorrii5ly defendin 6"P despite the
unanimous, clear, firm and cateorical pronouncement of the
!upreme Court that its essential and ma>or acts and practices, the
very means for the real raison d+ etat of 6"P, is unconstitutional.
'33. Havin discussed and ela5orated on the rounds for the
impeachment of President "9uino, ;e no; ta<e head on his claims of
ood faith and 5eneficial results of the 6"P.
P%#s-,#n& AQUINO $%#a&#,) -/0l#/#n&#,) an,
,ogg#,ly ,#+#n,#, DAP* 2# &2#%#+o%# $anno& -n.ok#
o% +#-gn goo, +a-&2 o% %#g1la%-&y o+ 2-s a$&s -n
$o//-&&-ng C1l0abl# V-ola&-on o+ &2# Cons&-&1&-on an,
B#&%ayal o+ P1bl-$ T%1s&(
='''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''=
*++. President "Q#I$% cannot fein Nood faithO
''.
in
committin culpa5le violation of the Constitution and 5etrayin pu5lic
trust. He >ust used economic pump primin as pretext to create and
dispense hue presidential por< 5arrel called 6"P for his o;n
purposes.
*+'. 0he !upreme Court rulin is clear on imputin 5ad faith
and puttin the 5urden of proof of ood faith on the author,
proponents and implementors of 6"P-
#6*7he doctrine of operative fact x x x cannot apply to
the authors, proponents and implementors of the AP,
unless there are concrete findings of good faith in their
favor by the proper tribunals determining their criminal,
civil, administrative and other liabilities"1
11-
117
http%&&'''"philstar"co4&headlines&21!&?&3&13!1-6>&it('as(done(good(faith(palaceL
http%&&'''"g4anet'orA"co4&ne's&story&36-E3E&ne's&nation&palace(on(dap(no(apology(eitherL
http%&&'''"sunstar"co4"ph&$reaAing(ne's&21!&?&3&palace(e:ecutive(e:ercised(good(faith(
due(diligence(dap(3E166-" Palace: +) ruling could bring raps vs! good men, women!
'http:EEnewsinfo!in@uirer!netE/B5/63Epalace,sc,ruling,could,bring,raps,vs,good,men,women!
Hast accessed on July 1!, 21!"
118
Penulti4ate paragraph in Araullo, page >" 9he ponencia adopted Justice BrionCs vie' that
the operative fact cannot $e clai4ed $y the authors, proponents, and i4ple4entors of 0AP and
Pae 13 of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
*+*. Besides, as )ustice Brion emphasized in his separate and
concurrin opinion in the 6ecision, N&2# o0#%a&-.# +a$& ,o$&%-n# does
not al;ays apply and is not a necessary conse9uence of every
declaration of constitutional invalidity. It $an only b# -n.ok#, -n
s-&1a&-ons 62#%# &2# n1ll-+-$a&-on o+ &2# #++#$&s o+ 62a& 1s#, &o
b# a .al-, la6 6o1l, %#s1l& -n -n#81-&y an, -n71s&-$#.O
*+/. Based on the declaration 5y the !upreme Court the
Nauthor, proponent, and implementorO of the 6"P does not en>oy the
presumption of ood faith. He also cannot shield himself from
impeachment ;ith the mere presumption of reularity in the
performance of his acts.
*+,. President "Q#I$% is the author, proponent and
implementor of the 6"P. 0he hihest responsi5ility and 5lame
5elons to President "Q#I$% as he approved, ordered and
committed the acts and practices declared 5y the !upreme Court as
unconstitutional. 0he 5uc< stops ;ith him. He cannot pass the 5lame
to !ecretary "5ad.
*+(. Boreover, President "Q#I$% cannot invo<e the
supposition that his alter-eo, !ecretary "5ad, is una;are that the
scheme they used to implement 6"P, is valid and leal. 6urin
interpellations in the =o;er House of Conress in "uust *+'/ ;here
the 6BCC 7the po;erful committee ;hich presents the 5udet to
Conress composed of %ffice of the President, 6BB, 6%A, $:6",
and B!P8, "5ad expressed his full a;areness that fundin pro>ects
not provided in the C"" is unconstitutional. 0he follo;in exchane is
tellin-
N3@P" 8,HB@+A3@S" : : : Br" 8hair, if you 4ay,
Section E, paragraph E"6 of the circular says /9hose funds 'ith
E"?"3, it says, it can $e used to aug4ent any or fund priority
progra4s and pro;ects not considered in the 212 $udget" : : :
B3" ABA0" Well, the word augment is critical there
because what it implies is that the pro8ect already exists
because you cannot, we cannot fund, we cannot fund an
item in the GAA does not exist"1
11>
/3ep" 8ol4enares" : : : Te discussed a$out the
'ithdra'al of o$ligations Aanina po" And pag nag 'ithdra'
that /NtOhe 4atter of their good faith in the perfor4ance of duty #or its a$sence2 and their lia$ility
therefor, if any, can $e 4ade only $y the proper tri$unals"1
119
Proceedings of the 8o44ittee on Appropriations of the .ouse of 3epresentatives,
Interpellation of the 0evelop4ent Budget 8oordination 8o44ittee #0B882, August ?, 213, p"
?1"
Pae (+ of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
ang BalacaWang o 0BB sa 4ga agencies, these 'ithdra'n
a4ount, reissued, according to paragraph E"? of the circular, it
is reissued for the original progra4" I$ig sa$ihin, the very sa4e
agencies pu'ede na nating gastusin iyan" 9hat is 4y
understanding"
9he second is it is realigned to other e:isting progra4s in
other agencies" I$ig sa$ihin so4e other agency Aelangan, the
@:ecutive realigned it to another agency liAe 0A or 0PT."
%owever, the third, this was I was as3ing 3anina, it will also
be used to fund priority programs and pro8ects not
considered in 9:;9 budget. And it could not be existing here
because the provision continues, but expected to be started
or implemented during the current year. .o, ibig sabihin,
this is not an existing program.
That caught 4y attention is that if this is not a pro;ect in
the 212 $udget itself, pro$a$ly didnXt pass our scrutiny, it is
a$out to start, so 4agAano po ang nagastos natin dito at ano po
ang tingin ninyo diyan< oes this not violate congressional
mandate to appropriate funds for specific pro8ect and
transfer it to the President the power to allocate into
pro8ects which may not even be one of the pro8ects under
the GAA, if I may.
B3" ABA0" I thinA the operative 'ord there is
considered" 9he 'ay 'e interpret that there is really there is an
appropriation that can $e aug4ented $ut during the process of
$udget allocation they 'ere not fully provided $udget or fully
considered in the sense of providing it 'ith necessary $udget
that they require" So 'hat happens is once savings are
availa$le, then these ite4s in the appropriation 'hich had not
$e fully considered or, 4eaning, fully funded, are therefore
provided 'ith aug4entation fund"
!ecause we also agree with you, and we hold that
priniciple very dearly that we cannot provide funds that do
not have an appropriation item in the budget because that is
not only illegal but unconstitutional" So the 'ay to reconcile
that 'ord is to interpret it as not $e fully considered, 4eaning,
not fully funded $ut the ite4 is availa$le 'hich can $e in fact
aug4ented, Br" 8hair4an"
: : :
"'. A!A. x x x ,ou add to an existing item in the
GAA. *here is no way that we can fund an item that is not
Pae (' of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
in the GAA because that is unconstitutional, "r.
/hairman
12
*+.. "dditionally, !ecretary "5ad and other Palace officials li<e
Banolo Quezon ;ere critical of similar 6"P-li<e schemes in
President "rroyo?s 5udet dictatorship. "lso, President "Q#I$%
churned out statements a5out Nzero-5ased 5udetO as a policy and
ho; the *+'* 5udet is a reat 5udet yet they ;ill later realin this
so-called reat 5udet any;ay.
*+4. "ll these, and more, ta<en collectively, demonstrates that
President "Q#I$% cannot fein inorance of the constitutional
provision ;hich prohi5its realinin or fundin items not found in the
5udet, and, therefore, could not reasona5ly invo<e ood faith.
*+3. But it is "Q#I$% as the President, not !ecretary "5ad,
;ho sined and ordered the ;ithdra;al of uno5liated funds, the
illeal poolin of savins, the release of funds to P"Ps not authorized
5y the appropriation la;, the cross 5order rechannelin of funds and
the illeal use of unprorammed funds.
*'+. " careful and o5>ective readin of the 6ecision teaches us
that lia5ility attaches except perhaps for those ;ho ;ere enuinely
clueless M even remorseful -- and ;ho are independently proven to
have acted in ood faith 5ased on the facts and circumstances.
*''. 0he author, proponent, or implementor M li<e President
"Q#I$%M remains lia5le and accounta5le. Bad faith in this particular
situation is assumed accordin to the !upreme Court. Rihtfully so,
this is a 5old 5ut salutary departure from the eneral and ordinary
rule that ood faith is presumed.
*'*. "lso, such lia5ility and accounta5ility of the author,
proponent, or implementor M li<e President "Q#I$%- is distinct and
separate from the Qoperative factQ that the Pro>ects, "ctivities J
Prorams 7P"Ps8 already done throuh 6"P cannot 5e undone. 0he
6ecision distinuishes 5et;een the claim of 5eneficial use or result
from 6"P as an end and the accounta5ility of those responsi5le for
an unconstitutional, and hence illeal, means li<e 6"P and $BC 1,'.
*'/. 0hat the 6"P is attri5uta5le to President "Q#I$% can 5e
seen in the memoranda announcin and implementin the 6"P, in
related statements in the media mainly in the %cto5er '*, *+'' press
120
Proceedings of the 8o44ittee on Appropriations of the .ouse of 3epresentatives,
Interpellation of the 0evelop4ent Budget 8oordination 8o44ittee #0B882, August ?, 213, p"
13?"
Pae (* of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
release,
'*'
and from his o;n ;ords. "s response to the filin of
petitions 5efore the !upreme Court 9uestionin the constitutionality of
6"P, President "Q#I$% as mentioned a5ove
'**
;ent on a special
televised address on primetime television, demonstratin his
complete <no;lede and endorsement of the scheme.
*',. "ll these sho; 7'8 that 6"P as a scheme ;as
conceptualized and adopted ;ith President "Q#I$%?s prior
<no;lede and upon his imprimatur, 7*8 that he descri5ed as Nslo;-
movinO or NunderperforminO and chose the P"Ps from ;hich
appropriations ;ere erroneously declared as savins and he
approved the ;ithdra;al of these funds, and 7/8 that he identified and
approved as NpriorityO the P"Ps into ;hich the pooled funds are
poured.
*'1. "ll the 6"P memoranda had statements such as Nthis is
to formally confirm your approval of the 6is5ursement "cceleration
ProramO
'*/
President "Q#I$% ;rote marinal notes and initialled
several items in some of the memoranda,
'*,
and tic<ed the 5oxes
mar<ed N"PPR%F:6O and sined at the end of each memorandum.
*'(. Aor one thin, President "Q#I$% cannot claim reliance in
7'8 the constitutionality of cross-5order transfers, 7*8 the fundin of
ne; or non-existent P"Ps, and 7/8 the treatment of unprorammed
funds as separate sources of funds and not as conditional or stand-5y
appropriations, as all these are, as discussed a5ove, directly and
clearly prohi5ited 5y the '34. Constitution and the C""s for Aiscal
&ear *+'', *+'*, and *+'/.
'*1
"ain, to ;it-
/+o la' shall $e passed authoriDing any transfer of
appropriationsL ho'ever, the President, the President of the
121
In /A<uino government pursues P=9.;;2! disbursement acceleration plan% Few, fast,
disbursing projects to be funded from unused *B, *BB appropriations,1 A$ad said, /Thile
there 'as a turnaround in our dis$urse4ent perfor4ance in August, it 'as not enough" 9hat is
'hy President A<uino instructed his government to execute these additional pro8ects to
bolster economic growth in 9:;;"1 http%&&'''"gov"ph&211&1&12&aquino(gover4ent(pursues(
p?2(11($(dis$urse4ent(acceleration(plan&
122
123
See Anne: B"
12!
See Anne:es B(@, 7(I" /BSA1 appears ne:t to si: of the seven pro;ects proposed to $e funded $y
the /quarterly1 213 0AP in Be4orandu4 dated 2 Bay 213 and entitled /,4ni$us Authority
to 8onsolidate Savings&*nutiliDed Balances and their realign4ent to 6und the )uarterly
0is$urse4ent Acceleration Progra4"1 Aside fro4 ticAing the $o: 4arAed /APP3,F@01 at the
end of the 4e4o, BS A)*I+, 'rote, /+ote% Approval only for those ite4s initialled NsicO"1
125
Araullo, pages 6> to ??" 9he ponencia, for instance, 4ade note of the /plain te:t of Section
2E#E21 #page ??2 and adopted the vie' that /the tenor or te:t of the 8onstitution is quite clear1
'ith respect to the prohi$ition against cross($order transfers #page ?!2" 9he sa4e applies to the
clear language of the 7AAs on the use of savings only for PAPs 'ith appropriation covers and to
the intent of 8ongress, even the President himself, at the ti4e he proposed the $udget, not to fund
so4e of the PAPs funded $y 0AP"
Pae (/ of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
Senate, the SpeaAer of the .ouse of 3epresentatives, the 8hief
Justice of the Supre4e 8ourt, and the heads of 8onstitutional
8o44issions 4ay, $y la', $e authoriDed to aug4ent any ite4
in the general appropriations la' for their respective offices
fro4 savings in other ite4s of their respective
appropriations"1
126

/Augmentation i4plies the e:istence in this Act of a
progra4, activity, or pro;ect 'ith an appropriation, 'hich upon
i4ple4entation, or su$sequent evaluation of needed resources,
is deter4ined to $e deficient" In no case shall a non2existent
program, activity, or pro8ect, be funded $y aug4entation
fro4 savings or $y the use of appropriations other'ise
authoriDed in this Act"1
12?

/3elease of 6und" *he amounts authorized herein
shall be released only when the revenue collections exceed
the original revenue targets submitted by the President of
the Philippines to 8ongress pursuant to Section 22, Article FII
of the 8onstitution, including savings generated fro4
progra44ed appropriations for the year% P3,FI0@0, 9hat
collections arising from sources not considered in the
aforesaid original revenue targets may be used to cover
releases fro4 appropriations in this 6und"1
12-

*'.. 0he ;ords of the Constitution and the la;s relevant to
most parts of the 6"P are une9uivocal and understanda5le even 5y
laypersons ;ho do not have the 5enefit of the <ind of education and
lenth of experience as a leislator that President "Q#I$% has.
*'4. In fact, the Nindicators sho;in that !ecretary "5ad miht
have esta5lished the 6"P <no;inly a;are that it is tainted ;ith
unconstitutionalityO
'*3
can 5e easily attri5uted to President "Q#I$%-
a. extensive <no;lede of 5oth the leal and practical
operations of the 5udet,
5. a ;ell-developed >urisprudence on savins and the po;er
to realin, and
126
Section 2E#E2, Article FII of the 1>-? 8onstitution" @4phases supplied"
12?
Si4ilar provisions on the use of savings in the 7eneral Provisions of the 7AAs of 6Rs
211, 212, to 213" @4phases supplied"
128
Special Provision 1 covering *nprogra44ed 6unds in the 7AAs of 6Rs 211, 212,
to 213" @4phases supplied"
129
Araullo, J" BrionCs Separate ,pinion, page E?(61"
Pae (, of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
c. a;areness of the restrictions under !ection *3 7'8 and
!ection *1 718, "rticle FI of the '34. Constitution.
*'3. President "Q#I$%?s '* years of experience as part of the
5ranch of overnment ;ith the sole po;er of appropriation
'/+
neates
any pretension that he does not <no; the leal implications of ;hat
he ;as doin.
**+. "s aforesaid a5ove, he <ne; enouh constitutional la; in
*++3 to put on pu5lic record that a Chief :xecutive ;ho Nemasculated
Conress?VsW authority to chec< the President?s discretionary po;er to
spend pu5lic fundsO a5used such discretion. He already <ne; full
;ell then that allo;in the Chief :xecutive Nto have a vast and
un5ridled control over the national 5udetO
'/'
is a situation contrary to
Nthe policy of the !tate to formulate and implement a $ational Budet
that is truly an instrument of national development.O
'/*
**'. If ;e ;ere to rant to President "Q#I$% the unfounded
and inapplica5le presumptions of ood faith and reularity in this 6"P
mess, then the hihest official of the land ;ill easily ;rile free from
accounta5ility for usin unconstitutional means to enerate his o;n
iantic discretionary lump sum. 0his is perhaps the reatest ine9uity
and in>ustice that could 5e sanctioned in recent history, especially in
liht of the 5road pu5lic outrae aainst the por< 5arrel system and
its lac< of transparency and accounta5ility over pu5lic funds.
***. In fact, a cursory survey of >urisprudence ;ill indicate that
lesser pu5lic officials have 5een criminally and administratively held
lia5le for >ulin of funds, and for smaller amounts, such as
municipal mayors for the technical malversation of a mere
P.,*.+.,*
'//
and even relief oods ;orth P/,/3(.++.
'/,
In the latter
case, the !upreme Court did not consider the no5ility of the act 7may
have 5een true for the mayor 5ut not for this president in this
instance8 in rulin a conviction.
**/. "ny claim of ood faith 5y President "Q#I$% in havin
violated the clear provisions of the Constitution ;hich resulted in the
130
9hree ter4s as Be4$er of the .ouse of 3epresentatives #1>>-(2?2 and one ter4 as Senator
#2?(212"
131
@:planatory +ote to Senate Bill 3121" #Anne: /612"
132
Section 2 of Senate Bill 3121"
133
&umontad, ?r! v! Provincial 9overnor, 7"3" +o" H(1?E6-, Bay 3, 1>63"
134
Csidoro v! People of the Philippines, 7"3" +o" 1>233, +ove4$er 1!, 212"
Pae (1 of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
5etrayal of pu5lic trust reposed on him is a lame and unaccepta5le
explanation for the evil that has 5een committed.
**,. In addition to the fact that President "Q#I$% is yet to
su5stantiate his assertion that the funds ;ere put to ood use, a
;anton violation of the Constitution such as ;hat he has committed
remains precisely that M a ;anton violation of the Constitution.
**1. 0rue, the undoin of the construction of classrooms,
hospitals, or roads 5uilt ;ith the illeally pooled funds 7assumed 5y
the Court 5ut ;as nevertheless unsu5stantiated 5y the "9uino
administration8 may 5e an ine9uita5le decision for the people ;ho
rely on these infrastructures for social services.
**(. But the damae caused 5y President "Q#I$% and his
implementation of 6"P to the processes that ensure transparency
and accounta5ility over pu5lic funds, and the in>ury to the people?s
faith in the impeachment process are different matters altoether.
0hese in>uries should 5e undoneMtheir undoin ;ill in fact pursue all
ends of la; and e9uity and therefore the doctrine of operative fact
does not apply. 0his undoin can only 5e accomplished if President
"Q#I$%Pthe cause of the damaePis held accounta5le throuh his
impeachment and removal from office.
**.. In addition, the framers of the '34. Constitution clarified
that the President?s act of orderin an alter eo to come up ;ith
issuances violatin any of the terms of his or her oath of office is in
itself a 5etrayal of pu5lic trust.
'/1

**4. President "Q#I$%?s finerprints in the 6"P as em5odied
in the memoranda issued 5y "5ad is therefore a larin mar< of the
President?s condonation at 5est and espousal at ;orse of a savin
and fundin scheme ;hich openly violated the Constitution and la;s,
includin the *+'' to *+'/ Ceneral "ppropriations "cts, and ;or<ed
to the disservice of the $ation.
**3. 0he Constitution is the hihest la; of the land and the
chec<s and 5alances im5edded therein are desined to prevent the
evils that may 5e committed. 0he constitutional prohi5itions and all
135
As an e:a4ple of an act of $etrayal of pu$lic trust, 8o44issioner +olledo said%
/In pursuing that state4ent of 8o44issioner 3o4ulo, Bada4 President, 'e 'ill notice that in
the Presidential oath of then President Barcos, he stated that he 'ill do ;ustice to every 4an" If
he appoints a Binister of Justice and orders hi4 to issue or to prepare repressive decrees denying
;ustice to a co44on 4an 'ithout the President $eing held lia$le, I thinA this act 'ill not fall near
the category of treason, nor 'ill it fall under $ri$ery nor NsicO other high cri4es, neither 'ill it fall
under graft and corruption" And so 'hen the President tolerates violations of hu4an rights
through the repressive decrees authored $y his Binister of Justice, the President $etrays the
pu$lic trust"1 3ecord of the 8onstitutional 8o44ission of 1>-6, Folu4e II, p" 2?2
Pae (( of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
measures put in place to prevent the evils that may 5e committed are
set forth in clear terms such that ood faith is to our mind never
intended to 5e a defense or a >ustification for non-compliance. $ot for
any act committed aainst the Constitution 5y an ordinary citizen.
Bore so, certainly not for any act committed 5y no less than the
President.
P%#s-,#n& AQUINO $anno& .al-,ly -n.ok# T2# R#.-s#,
A,/-n-s&%a&-.# Co,# as 71s&-+-$a&-on +o% .-ola&-ng a
$l#a% an, #=0%#ss 0%o2-b-&-on -n &2# Cons&-&1&-on
aga-ns& $%oss'bo%,#% &%ans+#% o+ 01bl-$ +1n,s(
x----------------------------------------------------------------------------x
*/+. @hen President "Q#I$% ;ent on a national televised
address on )uly ',, *+',, he demonstrated four thins.
*/'. Airst, there is no; no dou5t that the unconstitutional
facets of 6"P are ;ith his full <no;lede and license from the very
5einnin, and ;orse, even until they ;ere over;helminly declared
unconstitutional. He effectively o;ned up the 6"P and the acts under
it as his very o;n.
*/*. !econd, his invocation of !ection /3 of the '34. Revised
"dministrative Code 7:xecutive %rder $o. *3* dated )uly *1, '34.8 is
directly inconsistent and opposed to the Constitution.
*//. 0he Hih CourtHs clear rulin is that the Constitution does
not allo; the transfer of funds unless they are first validly declared as
savins and then realined to an item ;ithin the same aency from
;here the fund ;as ;ithdra;n. Ho;ever, he admitted no illeality,
citin !ection /3, Boo< FI, Chapter 1 of :xecutive %rder-
/S@:cept as other'ise provided in the 7eneral Appropriations
Act, any savings in the regular appropriations authoriDed in the
7eneral Appropriations Act for progra4s and pro;ects of any
depart4ent, office or agency, 4ay, 'ith the approval of the
President, $e used to cover a deficit in any other ite4 of the
regular appropriationsJ1
*/,. 0he cited !ection is completely at odds ;ith the
fundamental la; since it allo;s Qany savins...of any department,
office or aency, may...5e used...in any other item of the reular
appropriations.Q @hile the "dministrative Code remains effective, its
provisions that are directly inconsistent ;ith the Constitution are
deemed superseded and said !ection /3 is o5viously amon such
provisions.
Pae (. of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
*/1. In his continuin pi-headed defense of all forms of por<,
President "Q#I$% failed to stress that !ection /3 only refers to
savins. He also refused to ac<no;lede that cross-5order transfers
are illeal, even implyin that a la; promulated 5y his mother ;ith
her temporary leislative po;ers is a5ove the clear text and tenor of
the Constitution, eneral appropriations acts, and >urisprudence he
has s;orn to protect and defend.
*/(. In other ;ords, President "Q#I$% is in favor of
a ;holesale authority as to savins over the express and clear
restrictions of the in "rticle FI, !ection *1 718 of the Constitution
aainst cross-5order transfer of appropriations.
*/.. 0hirdly, President "Q#I$% demonstrated his disdain of
the unanimous decision and the 5ranch of overnment--;hich is co-
e9ual to the one he heads--;hich promulated it. He accuses the
maistrates of issuin a decision ;hich is Qdifficult to understandQ and
derived ;ithout 5asis and deli5eration--Qhindi man lang nila tinalaka
ang aming pinagbataan.Q He even issued thinly-veiled threats of
impeachment of the >ustices for offenses he phrased as one ;ould a
5lind item in a ta5loid.
'/(
*/4. Ainally, as ;ill 5e discussed more extensively 5elo;,
President "Q#I$% compounds his errors 5y repeatin the @orld
Ban< 7@B8 citations of the alleed economic 5enefits of the 6"P
;hich he and his alter eos misled the !upreme Court into 5elievin.
P%#s-,#n& AQUINO 0#,,l#s &2# /y&2 &2a& &2# DAP
6as -n&#n,#, an, -s 01/0 0%-/-ng &2# #$ono/y &o
&2# b#n#+-& o+ &2# 0#o0l#
='''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''=
*/3. In contrast to the losses suffered 5y the people due to the
6"P ;hich are evident from the document provided 5y 6BB itself, its
Neconomic 5enefitsO ;ere only alleed 5ut not proven until no;. In
136
/+aAita na4an po ninyo, na ayon sa $atas na ito, hayagang $ini$igyan ng Aapangyarihan ang
Pangulo na 4aglipat ng savings sa i$ang proyeAto" Talang naAasaad na li4itado sa isang
departa4ento o sangay ng go$yerno ang paglilipat ng savings" Sa si4pleng salita po% .indi tayo
lu4a$ag sa $atas nang ipatupad natin ang 0AP"
/+agulat nga po Aa4i nang 4aAita na4ing hindi naisaalang(alang sa desisyon ng Morte
Supre4a ang gina4it na4ing $atayan ng 0AP" Paano Aaya nila nasa$ing unconstitutional ang
a4ing paraan ng paggastos gayong hindi 4an lang nila tinalaAay ang a4ing pinag$atayan<
.anggang sa 4ga sandaling ito, u4iiral pa rin ang Section 3> ng Ad4inistrative 8ode, at ang
4ara4i pang i$ang $ahagi nito" #Pahayag ng Magalang(galang Benigno S" Aquino III Pangulo ng
Pilipinas *Aol sa paghahain ng Botion for 3econsideration para sa desisyon ng Morte Supre4a
sa 0AP" http%&&'''"gov"ph&21!&?&1!&national(address(of(President(aquino(on(the(supre4e(
courts(decision(on(dap&" Hast accessed on 1E July 21!"2
Pae (4 of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
fact, economists de5un< that myth, citin that it covered only
realinments and a small amount of dis5ursements and that the
P"Ps it funded are Nof du5ious stimulus impact,O amon other
reasons.
'/.

*,+. In fact, President "Q#I$% and his administration should
also 5e ta<en to tas< for misleadin and not 5ein candid ;ith the
!upreme Court 5y presentin as evidence an incomplete statement
of the @B. President "Q#I$% made it appear that the @B has a
lo;in statement on the 6"P in its Barch *+'* Quarterly Report,
;hen in truth, it said-
/9he govern4entCs 0is$urse4ent Acceleration Plan
#0AP2 'as partially successful and contri$uted 1"3 ppt to 70P
gro'th in )!, up fro4 " 3 ppt in )3, but this was not enough
to push growth up to the targeted level of around five
percent.1
13-
*,'. 0he @orld Ban<?s final analysis of the 6"P is far from
rosy, 5ut President "Q#I$% did not see fit to present it in full to the
!upreme Court-
/Thile the strategy helped to $oost pu$lic spending in th
e last quarter of 211, the mere realignment of funds does not
guarantee sustained improvement in public spending to
address growth and poverty targets. A long2term strategy
should address internal bottlenec3s in national government
agencies, which include low absorptive capacity of agencies
and wea3 monitoring and evaluation system,
among others.1
13>
*,*. 0he @B reiterated this findin in its )uly *+'* PQ#.
',+

137
Ghy the HAP is economically irrational" Sonny Africa, IB,+ 6oundation
#http%&&'''"i$on"org&i$onIfeatures"php<id=!1! and
http%&&'''"g4anet'orA"co4&ne's&story&36>??3&econo4y&opinion&'hy(the(dap(is(econo4ically(
irrational" Hast accessed on 1! July 21!2
13-
Philippines >uarterly 2pdate .arch *B*, pages E and ?" Torld BanA Poverty 3eduction and
@cono4ic Banage4ent *nit, @ast Asia and Pacific 3egion
#http%&&siteresources"'orld$anA"org&I+9P.IHIPPI+@S&3esources&P)*Barch2126I+AH3212
"pdf" Hast accessed in 1! July 21!2
139
P>2 .arch *B*, page !>"
140
P>2 ?uly *B*, pages 32 and 33
#http%&&'''"'orld$anA"org&content&da4&Torld$anA&docu4ent&PhilippineK2)uarterly
K2*pdateK2JulyK2212"pdf" Hast accessed on 1! July 21!"
Pae (3 of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
*,/. 0he 6"P has 5een touted as a stimulus proram that
aimed to address overnment underspendin and the economic
slo;do;n.
*,,. 0a<en on its face ho;ever, 6"P is not additional
overnment spendin for the yearE it ;as merely an acceleration of
dis5ursement of the 5udet amounts that have already 5een
esta5lished 5y the C"". Confined in its self-declaration, 6"P is not
Nne; moneyO and could not have chaned the 9uantity of overnment
spendin, and only shifted around the expense items.
*,1. %n this note, Aormer Budet !ecretary Ben>amin 6io<no
also acer5ically pointed out that the need to accelerate spendin
5ecause of implementation delays is Nself-inflictedO. NHad the "9uino
administration prepared the *+'' 5udet ;ell and its Ca5inet ;as
more competent, then there should have 5een no delays in pro>ect
implementation,O he said.
','
*,(. "ssumin arguendo- actual 6"P spendin 0#% y#a% still
fails to su5stantiate the overnment?s claims. 6io<no opines that
N6"P dis5ursements in relation to total economy are limitedO.
',*
0hin<-tan< IB%$ computed total overnment spendin M the sum of
overnment final consumption expenditure 7CAC:8 and pu5lic
construction from the national accounts measured at current prices M
in those same years. 6"P, it concluded, ;as >ust ..(R of total
overnment spendin in *+'', ,./R in *+'* and '.+R in *+'/.
M#as1%#, .#%s1s &2# #$ono/y &2# DAP 6as 71s& J(GGL o+ GDP
-n >JAA) J(?FL o+ GDP -n >JA> an, J(AEL o+ GDP -n >JAE(
ADE

*,.. IB%$ in a report explains that the ultimate o5>ective of
any supposed stimulus pac<ae is to increase areate demand.
0he multiplier effect of any particular amount of overnment spendin
is ho;ever diminished to the extent that it is spent for forein oods
and services rather than locally, not spent 5y the recipients, not spent
on la5or-intensive pro>ects, and so on.
',,
*,4. 0his has so far proven to 5e the case. "t least P,..1
5illion ;as also used for items and activities that IB%$ said had
minimal impact on the economy, includin P/.. 5illion for improvin
141
Ben;a4in @" 0ioAno, 9he President as Bully, BusinessTorld" 16 July 21!" Availa$le at
http%&&'''"$'orldonline"co4&content"php<section=,pinionYtitle=9.@(P3@SI0@+9(AS(
B*HHRYid=>126, last accessed 16 July 21!
142
" I$id"
143
Sonny Africa, Thy 0AP is econo4ically irrational" I$on features" Availa$le at
http%&&'''"g4anet'orA"co4&ne's&story&36>??3&econo4y&opinion&'hy(the(dap(is(econo4ically(
irrational, last accessed 16 July 21!"
1!!
I$on +e's dated July 1-, 21!" http%&&'''"i$on"org&i$onIarticles"php
Pae .+ of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
overnment offices, purchasin information technoloy e9uipment, a
lo5al tourism media campain, and others.
',1

*,3. =i<e;ise there ;as Nminimum stimulusO ;hen the money
;as spent on larely imported e9uipment and supplies or trainin of
employees for forein Business Process %utsourcin firms for P..(
5illion ;orth of pro>ects for the =iht Rail 0ransit "uthority,
6epartment of !cience and 0echnoloy, and some hospitals.
*1+. 0here ;as also P/(.' 5illion of mainly financial transfers
and payments especially for recapitalization of the Ban<o !entral n
Pilipinas, 5ut also includin various e9uity infusions or payments of
financial o5liations of overnment aencies.
*1'. =astly, 6"P is essentially and in practice por< 5arrel and
cannot 5e 5eneficial to the poor nor to the economy.
*1*. " scrutiny of the list of 6"P-funded pro>ects released 5y
the 6BB reveals that at least P'../ 5illion ;as iven as P6"A-type
fundin for Qpriority local pro>ects nation;ide re9uested 5y leislators,
local overnment officials and national aenciesQ, ;hich have not yet
5een fully accounted for 5y Balacanan.
*1/. "s IB%$ remar<ed at the end of its report- N0he profile of
the pro>ects funded 5y 6"P do not fit ;ith either deliverin services to
the people or stimulatin the economy. 0he case of the 6"P
illustrates ho; the a5use of presidential po;ers and discretion ma<es
hundreds of 5illions of pesos in pu5lic funds vulnera5le to use for
patronae and partisan politics and, at ;orst, corruption.Q
CONCLUSION
*1,. 0he statements of the ultimate facts in this Ferified
Complaint for Impeachment capture the details of President
"Q#I$%?s culpa5ility. Individually, they cannot 5e inored. In toto,
they picture a creepin dictator in our midst.
*11. President "Q#I$% has started the process of
incapacitatin 5oth Conress and the !upreme Court.
*1(. "s for Conress, President "Q#I$%?s 6"P provides the
5lueprint for usurpin Conress? crucial po;er aside from la;ma<in
1!E
9he govern4ent offices i4proved included BalacaWang #P2 4illion2, 0epart4ent of Interior
and Hocal 7overn4ent #P1 4illion2, 0epart4ent of 9ouris4 #P2 4illion2, +ational
@cono4ic and 0evelop4ent Authority #P2? 4illion2 and Philippine Institute of 0evelop4ent
Studies #P1 4illion2"
Pae .' of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
M the po;er over the country?s purse. "s sho;n a5ove, President
"Q#I$% has made a moc<ery of the 5udetary process 5ecause in
the end he can manipulate the 5udet reardless of any limits in the
"ppropriations "ct.
*1.. Aor the President?s ;illin accomplices in the formulation
and execution of the 6"P, they should only loo< at history and
discern ;here ;altzin ;ith a dictator ;ould li<ely 5rin them. 0he
accomplices of a dictator are forotten and trumped and in fact suffer
even more than their uilty principal if the latter ets to 5e penalized
at all. It is 5est for them to foret the enticements, to learn the lessons
of history, >oin this effort to see< accounta5ility and transparency, and
protect the interity and dinity of Conress as one of the three
5ranches of overnment.
*14. President "Q#I$% has threatened and defied the
!upreme Court. He moc<ed the po;er of >udicial revie; on
nation;ide television. 0hat he can do this openly, ;hat he could have
5een doin 5ehind closed doors to et to the ears of the )ustices
;ould 5e a5omina5le. @e do not <no; to ;hat extent has President
"Q#I$% compromised the independence of the !upreme Court, 5ut
challenin and threatenin it openly on the eve of the filin of his
motion for the reconsideration of the 6"P 6ecision are surely >ust the
tip of the extent of his disrespect for this 5ranch of overnment.
*13. Ironically, havin 5een elected to office on a promise of
accounta5ility and transparency, President "Q#I$% is the first to
shun these campain promises. 0he people and the media have 5oth
5een <ept in the dar< on the accountin of the 5illions that ;ere
dis5ursed throuh the 6"P.
*(+. 0he people have 5een deprived of their riht to 5e
informed on ;here their money has 5een spent and ho; M
supposedly the functions of the 5udet process that lay 5are to the
pu5lic the o5>ects and mode of pu5lic expenditure. !imilarly, the
media have not 5een afforded information, access to information, and
opportunity to test the information?s relia5ility, a5out the 6"P, ;hich
are essential to their tas<s of disseminatin and crystallizin pu5lic
opinion on it.
*('. @e all have to nip a dictator in the 5ud.
*(*. !ecrecy, conspiracy, and complicity to do a;ay ;ith the
safeuards of democracy and ood overnment M these are the
thins that ultimately should compel President "Q#I$% to face the
Ailipino people in this accounta5ility process of impeachment.
Pae .* of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
*(/. It 5ehoves his allies in Conress to ive him the chance
to explain himself in a credi5le and constitutional procedure. Hidin
him 5ehind the cloa< of num5ers and partisan purposes ;ill diminish
;hat little is left of his leacy, and advance further his inominy, as he
completes his incum5ency.
*(,. @hen President "Q#I$% loo<s at himself in the mirror,
;hile he may not have the courae to repeat his o;n ;ords-
“-apit tuko pa rin po ang mga nakinabang sa pagyurak sa
sambayanan! Huwag po natin hayaang imaneobra ang
katarungan para gawing itim ang puti, o gawing tama ang
mali!"
;e ;ill 5e there to call him to tas< and exact accounta5ility and
>ustice.
Pae ./ of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
PRA!ER
5HEREFORE, premises considered Complainants pray that-
7'8 the House of Representatives Committee on )ustice to find
that the instant Impeachment Complaint is SUFFICIENT IN
FORM AND SUBSTANCE an, &o FIND PROBABLE
CAUSEE and
7*8 the House of Representatives TO IMPEACH PR:!I6:$0
B:$IC$% !IB:%$ C%)#"$CC% "Q#I$% III.
%ther reliefs >ust and e9uita5le under the premises are li<e;ise
prayed for.
Respectfully su5mitted.
J1ly AF) >JAD( Q1#4on C-&y) P2-l-00-n#s(
RENATO M( RE!ES) JR( FERDINAND GAITE
DANTE JIMENEM ATT!( JOSE MALVAR
VILLEGAS) JR(
ARCH( OSCAR V( CRUM BISHOP EMERGENCIO D(
PADILLO
JOSELITO T( CRUM LIMA L( MAMA
PROF( JUD! M( TAGUI5ALO RAMON LUIS A( SILVESTRE
Pae ., of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
FR( BENJAMIN ALFORQUE MARIE SOL S( VILLALON
SANDRA CAM RAFAEL V( MARIANO
ELMER C( LABOG GARR! MARTINEM
PROF( DANILO A( ARAO ROBERT T( MENDOMA
MAE P( PANER MA( SALVACION E( VARONA
NOEMI LARDIMABAL'DADO DELIA SILORIO'RUIMOL
MARIA AURORA SANTIAGO LOLITA T( DONATO
GLORIA G( ARELLANO JOAN MAE SALVADOR
VENCER MARI E(
CRISOSTOMO
CONCEPCION E( EMPENO
Pae .1 of ..
Impeachment Complaint vs. President Benino !imeon C. "Q#I$% III
B"&"$, et. al, Complainants. '( )uly *+',
x------------------------------------------------------------------x
ASSISTED B!C
NATIONAL UNION OF PEOPLE:S LA5!ERS NUPL"
Counsel for Complainants
/GA :rythrina Buildin
$o. ' Batata cor. Baaralin !ts.
Central 6istrict, Quezon City
0elefax $o. 7(/*8 3*+(((+
:mail- nupl*++.Ymail.com
EDRE U( OLALIA
Roll $o. /(3.'
I.B.P. $o. 3(''43E +*G+,G*+',E R!B Chapter
P0R $o. 3*1,(('BE +'G*,G*+',E Quezon City
BC=: Compliance $o. IF-++'(('1
MANEE;A ASISTOL SARMA
Roll $o. 1.43.
IBP =R$o. +''*.,G'*-'.-'*
P0R $o. .(*'.3,G/-'.-',GQuezon City
BC=: Compliance IF-++*/'+*G*-*(-',
MARIA ;RISTINA C( CONTI
Roll $o. (/1.,
IBP =R$o. +'*(,'GBatanas
P0R $o. 3.4(4,(G+1-'/-',GQuezon City
"dmitted to the Bar *+',
MAR! ANN MANJA M( BA!ANG
Roll $o. ,3*3*
IBP $o. 31,/,.G+'-+3-',E Bauio-Benuet Chapter
P0R $o. '++4'*+4G+'-+3-',GParana9ue
BC=: Compliance IF-++**.,1
Pae .( of ..
i

ii
Amount in millionsescription of items affected)ctober 9:;;6R 211P 3,"*nreleased
Personal Services6R 211!-2"/slo' 4oving pro;ects16R 211 unreleased
appropriations?,?!-"Tithdra'n fro4 i4ple4enting agencies including 0ep@d #P22 4illion2>une
9:;96R 212 unreleased appropriations1!"
E"*nfilled positions and ne'ly(created positions #BPB62
3etire4ent Benefits 6und6R 211(212 uno$ligated allot4ents?,>32"Tithdra'n fro4 i4ple4enting agencies including
0ep@d #P1"? $illion2 and 0,. #PE 4illion2ecember 9:;96R 212 unreleased appropriations
1!,!-"*nfilled positions and ne'ly(created positions #BPB62/discontinued PAPs11,?!2"E-Tithdra'n fro4
i4ple4enting agencies including 0A #PE!6"-E 4illion2, 0ep@d #P12-"2! 4illion2, S*8s #P">> 4illion2, and 0,. #P3
$illion2

AG&-/, and P')>&/*, A/*I1I*,, )' P')G'A"(, 9:;; /ont. Appro.(, 9:;9 /urrent
Appro.epartment of Agriculture,S@8(+ational 3ice Progra4&&,S@8( +ational 8orn
Progra4&&,S@8( +ational HivestocA Progra4&&,S@8(+ational .igh Falue 8o44ercial 8rops&&,S@8(
Pro4otion of ,rganic Agriculture&&,S@8(+ational Irrigation Ad4inistration&&B6A3(+ational 6isheries
Progra4&&P88(0airy 6ast 9ract Progra4&epartment of &ducation6inancial Assistance to 3egional
Science .igh Schools&Hu4p(su4 for Acquisition, I4prove4ent, 9itling and Survey of School
Sites&Hu4p(su4 for the 8onstruction, 3epair and&or 3enovation of Buildings for the Hi$rary .u$
Progra4, NandO @ducation Hearning 8enters, and 8entral&3egional&0ivision&0istrict ,ffices including
the 3equire4ents for the ,perations and Baintenance of Hi$rary .u$s&.u4an 3esources 9raining and
0evelop4ent including 9eacherQs NsicO 9raining, Scholarship Y 6ello'ship 7rants and 8apacity
Building for +on(9eaching Personnel&Hu4p(su4 for the Purchase of ,ffice and I9 @quip4ent
including require4ents of 0ivision ,ffices&Schools&Hu4p(su4 for the 3equire4ent of Basic
@ducational 6acilities(SBP for Areas 'ith Acute 8lassroo4 Shortage&Hu4p(su4 for the 3equire4ent
of Basic @ducational 6acilities(School 6urniture Progra4&Basic @ducation Badrasah&@very 8hild a
3eader Progra4 #@8A3P2&Accreditation Progra4 for Pu$lic&Bass Production of Science and
Bathe4atics @quip4ent&I4ple4entation of Alternative 0elivery Bode Progra4s&&0epart4ent of
.ealth,S@8(7eneral Ad4inistration and Support Services&6or4ulation and 0evelop4ent of +ational
.ealth Policies and Plans including @ssential +ational .ealth 3esearch&&.ealth Infor4ation Syste4s
and 9echnology 0evelop4ent&&.ealth .u4an 3esource 0evelop4ent&I4ple4entation of the 0octors
to the Barrios and 3ural .ealth Practice Progra4&Hocal .ealth Syste4s 0evelop4ent and
Assistance&.ealth Syste4 0evelop4ent Progra4 including Policy Support&3egulation of .ealth
6acilities and Services&&3egulation of .ealth 6acilities and 9echnology&&+ational Phar4aceutical
Policy 0evelop4ent including provision of drugs and 4edicines, 4edical and dental supplies to 4aAe
afforda$le quality drugs availa$le&&@pide4iology and 0isease Surveillance&Pu$lic .ealth 0evelop4ent
Progra4 including for4ulation of Pu$lic .ealth Policies and )uality Assurance&@li4ination of
diseases as pu$lic health threat such as 4alaria, schistoso4iasis, leprosy and filariasis&&3a$ies 8ontrol
Progra4&&,peration of the P+A8 Secretariat&&@:panded Progra4 on I44uniDation&&9B 8ontrol&&,ther
infectious diseases and e4erging and re(e4erging diseases including .IF&AI0S, dengue, food and
'ater($orne diseases&&+on(8o44unica$le 0isease Prevention and 8ontrol&&6a4ily .ealth including
6a4ily Planning&&@nviron4ental and ,ccupational .ealth&&.ealth Pro4otion&&.ealth @4ergency
Banage4ent including provision of e4ergency drugs and supplies&&6or4ulation of Policies, Standards,
and Plans for .ospital and ,ther .ealth 6acilities&&+ational Foluntary Blood Services Progra4 and
,peration of Blood 8enters&&@sta$lish4ent of ne' as 'ell as the operation, 4aintenance and
4oderniDation&e:pansion of e:isting treat4ent and reha$ilitation centers and facilities&&

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