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Third Impeachment Complaint vs. President Aquino

Third Impeachment Complaint vs. President Aquino

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Published by Tonyo Cruz
Full text of the third Impeachment Complaint against President Benigno Aquino III, filed 24 July 2014, by Makabayan et al.
Full text of the third Impeachment Complaint against President Benigno Aquino III, filed 24 July 2014, by Makabayan et al.

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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
Makabayan Coalition P!"i#!nt Sat$nino
C% O&a'(o) Ba*on* Alyan"an*
Makabayan +BA,AN- C.ai(!"on Maia
Caolina P% Aa$llo) Atty% E/alyn G% U"$a)
Sa'a.an n* '*a E01D!tain!!" Laban "a
D!t!n"yon +SELDA- C.ai(!"on A'aylli"
Hilao Eni2$!3) T!o#oo A% Ca"i4o)
GABRIELA Vi&!1C.ai(!"on G!t$#!" R%
Liban*) C!nt! 5o 6o'!n7" R!"o$&!"
+C6R- E0!&$ti/! Di!&to May Joan G$an)
Salinla.i Allian&! 5o C.il#!n8" Con&!n"
S!&!tay G!n!al 9.alo F!li(! C%
Manano) Po5% P.o!b! :o! Maia U%
San&.!3) Lila Pili(ina Lola7" C!nt!; In&%
P!"i#!nt<E0!&$ti/! Di!&to R!&.il#a A%
E0t!'a#$a) Lila Pili(ina Co1P!"i#!nt
Vi*inia V% Villaa'a) Lila Pili(ina Vi&!1
P!"i#!nt Na&i"a A% A#iati&o) Lila Pili(ina
T!a"$! F!li&i#a# B% D! Lo" R!y!") Lila
Pili(ina A$#ito E"t!lita B% Dy) L$nin*nin*
V% Lit$a4a" o5 Lila Pili(ina) Ba*on*
Alyan"an* Makabayan = C!ntal L$3on
+BA,AN1CL- C.ai(!"on Ro'an L%
Polintan) S$aa Ban*"a'oo P!"i#!nt
A'ia. Ali Li#a"an) 9alika"an P!o(l!7"
N!t>ok 5o t.! En/ion'!nt Con/!no
Cl!'!nt! G$!/aa Ba$ti"ta; J) 9aa(atan
Allian&! 5o t.! A#/an&!'!nt o5 P!o(l!7"
Ri*.t" S!&!tay1G!n!al Ci"tina Palabay)
PISTON P!"i#!nt G!o*! F% San Mat!o)
Allian&! o5 H!alt. 6ok!" +AH6-
P!"i#!nt Jo""!l I% Eb!"at!;
Complainants.
2
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
x----------------------------------------------------------x
IMPEACHMENT
COMPLAINT
Complainants most respectfully state.
PREFATOR, STATEMENT
/he ,012 Philippine Constitution categorically prohi3its foreign
military 3ases, troops, or facilities in the country 3eyond the year
,00,, except under stringent conditions.
4espite the clear and categorical prohi3ition in the constitution,
President Benigno !5uino III entered into the 6nhanced 4efense
Cooperation !greement 764C!8
,
9hich allegedly simply allo9s
:increased rotational presence; of " troops, increased military
exercises, more fre5uent port calls 3y " ships and the granting to
the " military further access to more areas in the Philippines
including our air strips.
/he government negotiating panel, chaired 3y 4efense
"ndersecretary Pio <orenzo Batino, ta=ing instructions from President
!5uino, negotiated the 64C! under veils of secrecy, releasing only
motherhood statements on the 64C!>s supposed 3enefits to the
Philippines and asserting that it does not need enate concurrence.
$n !pril (1, (+,), President !5uino>s representative,
4epartment of #ational 4efense ecretary ?oltaire @azmin, and
"nited tates !m3assador to the Philippines Philip @old3erg signed
the 64C! t9o hours 3efore the arrival in %anila of " President
Barac= $3ama.
/he 64C! is essentially a 3asing agreement. #o amount of
euphemism 3y President !5uino, his representatives and other
officials 9ill cure the constitutional violation caused 3y this
agreement.
1
:!greement 3et9een the @overnment of the Repu3lic of the Philippines and the
@overnment of the "nited tates of !merica on 6nhanced 4efense Cooperation.;
3
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
"nder the 64C!, ".. forces, personnel and contractors are
granted the right to 5!!ly access and use :!greed <ocations;
any9here in the Philippines 9hich areas may 3e limitless in num3er
and scope and are yet to 3e identified 3y the parties.
Aithin the :!greed <ocations;, ".. !rmed Borces, personnel
and contractors are granted 3lan=et authority to conduct activities that
are done in military 3ases such as training and accommodation of
personnelC 3un=ering, refueling, repair and maintenance of vessels
and aircraftC setting up and operating communications and radar
systemsC prepositioning of e5uipment, supplies and materielC
deployment of forces and materiel and storing arms, ammunition,
military e5uipment, supplies and other materiel.
/he "nited tates government retains o(!ational an#
"!&$ity &ontol over :!greed <ocations; all over the country. /his
includes putting in place security measures that 9ould necessarily
limit the Bilipinos> access to their facilities.
/he 64C! does not set any limits on 9hat areas throughout the
country the ".. troops can access, the num3er of ".. troops that
can access these areas or facilities, 9hat and ho9 much 9ar materiel
can get into these areas.
" forces may 3ring in and store nuclear and other types of
9eapons and hazardous materials into the country, ris=ing attac= or
retaliation from forces hostile to the " such as in case of 9ar and
rec=lessly dra9ing us into 9ar not our o9n and endangering the
health of citizens and the environment.
President !5uino left to the !BP leadership the negotiations on
crucial matters such as the details and implementing arrangements
on !greed <ocations, operational control and prepositioning of 9ar
materiel, defense e5uipment and supplies on agreed locations.
/hese vital matters 9ill 3e su3Dect to negotiations only in the %utual
4efense Board and ecurity 6ngagement Board co-chaired 3y the
Chief of taff of the !rmed Borces of the Philippines and the
Commander of the "nited tates Pacific Command and 9ill not 3e
su3Dect to the scrutiny of the pu3lic and of Congress.
4espite all the ris=s, the use of the nation>s facilities under the
!greed <ocations are provided rent freeC " forces are tax exempt
and they are given free use of the radio spectrum.
/he Philippine courts are 3arred from exercising Durisdiction
over any dispute that may arise from the 64C!. 6ven the referral of
4
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
such disputes to international courts or tri3unal is explicitly prohi3ited
under the 64C!. /he 64C! is automatically rene9ed after its initial
term of ten 7,+8 years and thus guarantees the perpetual
enslavement of the Bilipino People to a foreign yo=e.
/hrough the 64C!, the Philippines effectively surrendered its
sovereignty to the hegemony of the " military. /his is evident in the
provisions of the 64C! that gives unto the " forces un3ridled Police
Po9er over any of areas of the Philippines moc=ingly designated as
:!greed <ocations;.
/he entry of the nuclear 9eapons of the !mericans, the
proliferation of nuclear 9astes, the destruction of the Philippine
environment, the deprivation of the Bilipinos> use of their o9n
resources and the needless ris=s of 9ar that stationing " forces and
prepositioning of 9ar materiel in Philippine shores entail are all
glaring indicators that the accession of the !5uino government to the
64C! is manifestly contrary and inimical to the national interest.
!ll these clearly sho9 that the 64C! is so grossly lopsided in
favor of the ", greatly disadvantageous to the Bilipino People, and
amounts to the derogation of the country>s dignity and a shoc=ing
sellout of Philippine sovereignty.
/he people condemn the 3latant sellout of Philippine
sovereignty to the "nited tates thru the 64C!. /he people are
angered 3y the utter disregard of our nation>s dignity and territorial
integrity.
Bor entering into this hideous agreement and giving up
Philippine sovereignty and national interest, President Benigno
imeon !5uino III has unmista=a3ly committed culpa3le violation of
the Constitution and 3etrayal of pu3lic trust.
NATURE OF THE ACTION
,. /his is a verified complaint for the impeachment of President
B6#I@#$ I%6$# C$*"!#@C$ !Q"I#$ III, for Culpa3le
?iolation of the Constitution and Betrayal of Pu3lic /rust
pursuant to ection (, !rticle EI 7!ccounta3ility of Pu3lic
$fficers8 of the ,012 Philippine Constitution.
5
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
(. /his verified impeachment complaint is 3eing filed 3efore the
Honora3le House of Representatives, for immediate referral to
its Committee on *ustice pursuant to its Rules and !rticle EI,
ection F of the ,012 Philippine Constitution.
(

PARTIES
F. /he complainants are all of legal age, Bilipino citizens and
taxpayers, namely.
a. aturnino C. $campo, President, %a=a3ayan
Coalition, 9ith office address at G(+ %arunong
treet, Brgy. Central, Quezon CityC
3. %aria Carolina P. !raullo, Chairperson, Bagong
!lyansang %a=a3ayan, 9ith office address at )B G,
%aaralin treet, Brgy. Central, Quezon CityC
c. 6valyn @. "rsua, !ttorney and Counselor-at-<a9,
9ith office address at "nit )+H, 22 ?isayas !venue,
Quezon CityC
d. !maryllis Hilao 6nri5uez, martial la9 victim,
Chairperson, amahan ng mga 6x-4etainees <a3an
sa 4etention 76<4!8, (B G, %aaralin treet, Brgy.
Central, Quezon CityC
e. /eodoro !. CasiIo, Bagong !lyansang %a=a3ayan,
9ith office address )B G, %aaralin treet, Brgy.
Central, Quezon CityC
f. @ertrudes R. <i3ang, ?ice Chairperson, @!BRI6<!
!lliance of Bilipino Aomen, 9ith office address at GFH
cout 4elgado t. Bgy. <aging Handa, Quezon CityC
2
ection ( 738, Rule II of the Rules of Procedure in Impeachment Proceedings in the
House of Representatives in relation to ection )(, Rule E and ection (1 7aa8, Rule IE
of the Rules of the House of Representatives and Brancisco, *r. vs. House of
Representatives 7@.R. #o. ,J+(J,, ,+ #ovem3er (++F8, 9hich implement !rticle EI,
ection F of the Constitution.
6
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
g. %ary *oan @uan, 6xecutive 4irector, Center for Aomen>s
Resources, 9ith office address at ,(2-B ct. Buenta3ella,
&amuning, Quezon CityC
h. &harlo Belipe C. %anano, child rights advocate, ecretary
@eneral, alinlahi !lliance for ChildrenKs Concerns, 9ith
office address at G0+-* Bugallon t. Bagum3uhay,
Quezon CityC
i. Phoe3e Loe %aria ". anchez, Professor of Political
ociology, "niversity of the Philippines Ce3u, "P Ce3u
Campus, @orordo !venue, <ahug, Ce3u CityC
D. Rechilda !. 6xtremadura, PresidentM6xecutive 4irector,
<ila Pilipina <olaKs Center Inc.C
=. ?irginia ?. ?illarama, survivor of *apanese military sexual
slavery and Co-President, <ila Pilipina
l. #arcisa !. !driatico, survivor of *apanese military sexual
slavery ?ice-President, <ila PilipinaC
m. Belicidad B. 4e <os Reyes, survivor of *apanese military
sexual slavery and /reasurer, <ila PilipinaC
n. 6stelita B. 4y, survivor of *apanese military sexual
slavery and !uditor, <ila PilipinaC
o. <uningning ?. <ituaIas, survivor of *apanese military
sexual slavery, <ila PilipinaC
p. Roman <. Polintan, Chairperson, Bagong !lyansang
%a=a3ayan-Central <uzon, 9ith residence at
/angos, Baliuag, BulacanC
5. !mirah !li <idasan, uara Bangsamoro President,
9ith office address at G(F $3lates 4rive, Cota3ato
City, residence in %aharli=a ?illage, /aguig CityC
r. Clemente @uevara Bautista, *r. Convenor,
&ali=asan People>s #et9or= for the 6nvironment,
9ith office address at G(J %atulungin treet, Brgy.
Central, Quezon CityC
7
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
s. Cristina Pala3ay, &arapatan !lliance for the
!dvancement of People>s Rights ecretary-@eneral,
9ith office address at (B G, %aaralin treet, Brgy.
Central, Quezon CityC
t. @eorge B. an %ateo, President, PI/$#, 9ith
office address at Balai $3rero, GJF #arra treet,
ProDect F, Quezon CityC
u. *ossel I. 63esate, R.#., President, !lliance of Health
Aor=ers, 9ith office address at Room J+F, Ae3Det
Building, GJ) Quezon !venue, Quezon City.
Complainants may 3e served notices, pleadings and other
processes of the Honora3le House of Representatives at the office
address of counsel Pu3lic Interest <a9 Center at )
th
Bloor &!I*!
Building, 21FJ %a=ati !venue corner ?aldez treet, %a=ati City.
). Benigno . !5uino III is the incum3ent President of the
Repu3lic of the Philippines and is 3eing sued in his official
capacity. He may 3e served 9ith a copy of this complaint and
notices from this Honora3le House of Representatives at #e9
6xecutive Building, %alacaIang Palace Compound, *. P.
<aurel t., an %iguel, %anila.
ANTECEDENT FACTS
H. In a document entitled “Sustaining US Global Leadership,
Priorities for 21
st
Century Defense,”
F
the " government
through President Barac= $3ama announced on *anuary F,
(+,( its strategic pivot to9ards !sia.
J. ee=ing to redeploy J+N of its 9arships to !sia, the "
revealed in said document that :".. economic and security
interests are inextrica3ly lin=ed to developments in the arc
extending from the Aestern Pacific and 6ast !sia into the
Indian $cean region and outh !sia, creating a mix of evolving
challenges and opportunities. !ccordingly, 9hile the "..
3
http.MM999.defense.govMne9sMdefenseOstrategicOguidance.pdf
8
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
military 9ill continue to contri3ute to security glo3ally, >! >ill o5
n!&!""ity !balan&! to>a# t.! A"ia1Pa&i5i& !*ion.?
2. Pursuant to the "> strategic pivot to !sia, the first %inisterial
4ialogue 9as held in Aashington 4.C. on !pril F+, (+,( 9hich
9as attended 3y the Philippine ecretaries of the 4epartments
of #ational 4efense and Boreign !ffairs, as alter egos of
President Benigno imeon !5uino III, and the " tate
4epartment and 4epartment of 4efense.
1. /he dialogue ended 9ith the Philippine delegation presuma3ly
upon the instructions of Pres. !5uino, agreeing to adopt a
policy of :increased rotational presence; of " troops,
increased military exercises and more fre5uent port calls 3y "
ships. !lso discussed in the dialogue 9as the granting to the
" military further access to more areas in the Philippines
including our air strips.
0. $n !ugust ,J, (+,F, the " and the Philippine governments
started negotiations for the Brame9or= !greement for
Increased Rotational Presence and 6nhanced 4efense
Cooperation see=ing to grant the " military greater access to
Philippine areas and facilities. It 9as President !5uino that
designated the chair and mem3ers of the Philippine negotiating
panel.
,+. In a 3id to circumvent the provisions of our Constitution, the
frame9or= agreement 9as considered to 3e merely an
executive agreement purportedly in consonance 9ith the
%utual 4efense /reaty 7%4/8, the ?isiting Borces !greement
7?B!8 and the %utual <ogistics and upport !greement
7%<!8, not a treaty 9hich re5uires the concurrence of the
Philippine enate under our Constitution
,,. /he negotiating parties eventually changed the title of the
frame9or= agreement to :!greement 3et9een the @overnment
of the Repu3lic of the Philippines and the @overnment of the
"nited tates of !merica on 6nhanced 4efense Cooperation;
7:64C!; for 3revity8.
,(. $n !pril (1, (+,), President !5uino>s alter ego, 4epartment of
#ational 4efense ecretary ?oltaire @azmin, and "nited tates
!m3assador to the Philippines Philip @old3erg signed the
6nhanced 4efense Cooperation !greement t9o hours 3efore
9
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
the arrival in %anila of " President Barac= $3ama. /he text
of the agreement 9as not disclosed during $3ama>s visit.
,F. /he text of the 64C! 9as made pu3lic for the first time only on
!pril (0, (+,), a fe9 hours after $3ama left %anila, on the
official government 9e3site 999.gov.ph.
,). "pon revie9 of the 64C!, complainants have o3served the
follo9ing ini5uitous provisions thereof.
14.1. " personnel and " contractors are granted the right to
freely access and use :!greed <ocations; any9here in
the Philippines 9hich areas are yet to 3e identifiedC
14.2. President !5uino>s @overnment, under the 64C!, :shall
assist in facilitating transit or temporary access 3y "
forces to pu3lic land and facilities 7including roads, ports,
and airfields8, including those o9ned or controlled 3y local
governments, and to other land and facilities 7again,
including roads, ports, and airfields8C;
14.3. /he " can carry out the follo9ing activities in the
:!greed <ocations; 9hich include. :training, transit,
support and related activitiesC refueling of aircraftC
3un=ering of vesselsC temporary maintenance of vehicles,
vessels and aircraftC temporary accommodation of
personnelC communicationsC prepositioning of e5uipment,
supplies and materielC deploying forces and materiel,;
and @"$&. ot.! a&ti/iti!" a" t.! Pati!" 'ay a*!!)?
14.4. /he 64C! authorizes " forces to @(!(o"ition an#
"to! #!5!n"! !2$i('!nt; "$((li!" an# 'at!i!l; at the
:!greed <ocations; 9hich shall 3e @5o t.! !0&l$"i/! $"!
o5 US 5o&!"; and therefore in accordance primarily 9ith
" military o3Dectives, particularly to fulfill the
re5uirements of the " strategic pivot to !sia-Pacific.
14.5. /hat the Philippines allegedly retains o9nership and title
to the :!greed <ocations; is 3elied 3y the provisions
granting " forces :operational control,; :unimpeded
access,; and authority to :exercise all rights and
authorities necessary for 7its8 operational control or
defense.; !lso, the :!greed <ocations; shall only 3e
:returned to the Philippines once no longer re5uired 3y
" forces for 7their8 activitiesC;
10
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
14.6. /he re9ard for our country, in return for the huge 3enefits
that the " o3tains from 64C!, is miniscule, if not non-
existent. Bor instance, 9hile " forces :shall 3e
responsi3le on the 3asis of proportionate use for
construction, development, operation and maintenance
costs at !greed <ocations,; the use of the :!greed
<ocations; shall 3e made availa3le to " forces @>it.o$t
ta0!"; !ntal o "i'ila &o"t"C;
14.7. President !5uino li=e9ise :grants to "nited tates forces
and "nited tates contractors the use of 9ater, electricity,
and other pu3lic utilities on terms and conditions,
including rates or charges, no less favora3le than those
availa3le to the !BP or the @overnment of the Philippines
in li=e circumstances, less charges for taxes and similar
fees, 9hich 9ill 3e for the account of the Philippine
@overnmentC;
14.8. " forces are allo9ed also to :operate its o9n
telecommunications system x x x x including the right to
use all necessary radio spectrum allocated for this
purpose; :free of costC;
14.9. Philippine courts are 3arred from exercising Durisdiction
over any dispute that may arise from the 64C!. /he
64C! explicitly prohi3its even the referral of such
disputes to international courts or tri3unal. It is provided
that any dispute shall 3e resolved :exclusively through
consultation 3et9een the Parties.;
14.10. /he 64C! 9ill 3e automatically rene9ed after its initial
term of ten 7,+8 years.
,H. !ll these clearly sho9 that the 64C! is so lopsidedly in favor of
the " 9hile grossly disadvantageous to the Bilipino people.
/he 64C! 9as crafted and entered into principally to serve "
geopolitical and economic interests, not those of the Bilipino
people.
,J. Bor entering into this morally shoc=ing agreement and giving up
our sovereignty and national interest, President Benigno
11
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
imeon !5uino III has clearly committed culpa3le violation of
the Constitution and 3etrayal of pu3lic trust.
,2. Hence, this impeachment complaint praying for his removal
from office.
GROUNDS
I
P!"i#!nt B!ni*no S% AQUINO &o''itt!# CULPABLE
VIOLATION OF THE CONSTITUTION >.!n .!A

A. 9no>in*ly; >ill5$lly an# int!ntionally !nt!!# into t.!
US1RP En.an&!# D!5!n"! Coo(!ation A*!!'!nt >.i&.
5la*antly /iolat!" t.! &on"tit$tional (o/i"ion" on national
"o/!!i*nty; t!itoial int!*ity; in#!(!n#!nt 5o!i*n
(oli&y; &i/ilian "$(!'a&y; an# B$#i&ial (o>! an#
B$i"#i&tion)

B. 9no>in*ly; >ill5$lly an# int!ntionally !nt!!# into t.!
US1RP En.an&!# D!5!n"! Coo(!ation A*!!'!nt >.i&.
blatantly /iolat!" t.! Con"tit$tional ban on 5o!i*n 'ilitay
ba"!"; too("; o 5a&iliti!" !0&!(t $n#! a t!aty #$ly
&on&$!# in by t.! S!nat!; an# t.! anti1>a an# anti1
n$&l!a (o/i"ion" o5 t.! Con"tit$tion)
C. D!lib!at!ly an# ($(o"!ly !5$"!# to "$b'it t.!
EDCA to t.! S!nat! 5o &on&$!n&! a" !2$i!# $n#! t.!
Con"tit$tion t.!!by n!*atin* t.! (o>! o5 t.! S!nat!%

II

P!"i#!nt AQUINO &o''itt!# BETRA,AL OF PUBLIC
TRUST >.!n .!A
A% Ent!!# into t.! EDCA >.i&. i" (!B$#i&ial to
t.! national int!!"t an# *o""ly lo("i#!# in
5a/o o5 t.! Unit!# Stat!" o5 A'!i&a by
*antin* US 'ilitay 5o&!" an# &onta&to"
$ni'(!#!# a&&!"" an# $"! o5 P.ili((in! 'ilitay
an# &i/ilian 5a&iliti!"; lan#"; (ot"; ai5i!l#"; an#
12
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
a#io "(!&t$' t.at >ill !/!t to t.! P.ili((in!"
only a5t! t.!y a! no lon*! $"!5$l to t.! US
5o&!"; an# 5$t.! 'akin* "$&. $ni'(!#!#
a&&!"" an# $"! 5!! o5 !nt; ta0 an# ot.!
*o/!n'!nt &.a*!")
B% Violat!# .i" oat. o5 o55i&! to 5ait.5$lly an#
&on"&i!ntio$"ly 5$l5ill .i" #$ti!" an# (!"!/!
an# #!5!n# t.! Con"tit$tion by !nt!in* into t.!
EDCA >.i&. /iolat!" t.! &on"tit$tional
(o/i"ion" on t.! (ot!&tion o5 t.! !n/ion'!nt;
t.! Labo Co#!; t.! National Int!nal R!/!n$!
Co#! an# t.! Lo&al Go/!n'!nt Co#!%

DISCUSSION AND ARGUMENTS
I
P!"i#!nt B!ni*no S% AQUINO &o''itt!# CULPABLE
VIOLATION OF THE CONSTITUTION >.!n .!A

A. 9no>in*ly; >ill5$lly an# int!ntionally !nt!!# into t.!
US1RP En.an&!# D!5!n"! Coo(!ation A*!!'!nt >.i&.
5la*antly /iolat!" t.! &on"tit$tional (o/i"ion" on national
"o/!!i*nty; t!itoial int!*ity; in#!(!n#!nt 5o!i*n
(oli&y; &i/ilian "$(!'a&y; an# B$#i&ial (o>! an#
B$i"#i&tion)
,1. !rticle II, ection 2 of the ,012 Constitution explicitly provides
that P
6C/I$# 2. /he tate shall pursue an independent foreign
policy. In it" !lation" >it. ot.! "tat!" t.! (aa'o$nt
&on"i#!ation ".all b! national "o/!!i*nty; t!itoial
int!*ity, national interest, and the right to self-determination.
,0. /he principle of overeignty connotes that a tate exercises
the po9ers of government over a certain territory and
population. It is the un3ridled exercise of the tate>s po9ers all
throughout its territory 9ithout external interference.
(+. Blac=>s <a9 4ictionary 7J
th
edition8 has defined overeignty as -
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Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
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/he supreme, a3solute, and uncontrolla3le po9er 3y 9hich any
independent state is governedC xxxx the international
independence of a state, com3ined 9ith t.! i*.t an# (o>!
o5 !*$latin* it" int!nal a55ai" >it.o$t 5o!i*n #i&tationC
xxx
(,. Ahile in Bayan Muna v. Romulo,
)
the Honora3le Court held that
:treaties and international agreements have a limiting effect on
the other9ise encompassing and a3solute nature of
sovereignty. !nd that 3y their voluntary acts, states may decide
to surrender or 9aive some aspects of their sovereignty. :/he
usual underlying consideration in this partial surrender may 3e
the greater 3enefits derived from a pact or reciprocal
underta=ing. $n the premise that the Philippines has adopted
the generally accepted principles of international la9 as part of
the la9 of the land, a portion of sovereignty may 3e 9aived
9ithout violating the Constitution.;
((. !rticle II, ection 2 of the Constitution also clearly provides that
the tate shall give paramount consideration to territorial
integrity.
(F. /he concept of territorial integrity includes the inviola3ility of the
territory of the tate, including territory under the effective
control and possession of a tate.
H
(). /he principle of territorial integrity prohi3its interference 9ithin
the domestic Durisdiction of states and for3idding the threat or
use of force against the territorial integrity and political
independence of states.
(H. In entering into the 64C!, President !5uino surrendered our
sovereignty over parts of the Philippine territory for free to the
"nited tates. /he 9aiver of sovereignty is so gross that it
constitutes a #!o*ation o5 o$ &o$nty7" #i*nity an# an
$n&on"&ionabl! "!llo$t o5 o$ "o/!!i*nty. President
!5uino also failed to ensure the permanent inviola3ility of our
national territory and its effective control 3y the government and
the tate as mandated 3y the Constitution.
4
@.R. #o. ,H0J,1, Be3ruary ,, (+,,
5
%ichael Aood, /he Princeton 6ncyclopedia of elf 4etermination.
999.pesd.princeton.edu.
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Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
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(J. !rticle II of the 64C! defined !greed <ocations as -

4. “Agreed Locations” means facilities and areas that are
provided by the overnment of the !hilippines through the A"!
and that #nited $tates forces% #nited $tates contractors% and
others as mutually agreed% shall have the right to access and
use pursuant to this Agreement. $uch Agreed Locations may
be listed in an anne& to be appended to this Agreement% and
may be further described in implementing arrangements.
(2. !rticle III, paragraph ( of the 64C! also provides, to 9it.
'. (hen re)uested% the *esignated Authority of the
!hilippines shall assist in facilitating transit or temporary access
by #nited $tates forces to public land and facilities +including
roads% ports% and airfields,% including those o-ned or controlled
by local governments% and to other land and facilities +including
roads% ports% and airfields,.
(1. President !5uino, thru the 64C!, granted ".. !rmed Borces,
personnel and contractors unhampered access, operational
and security control over :!greed <ocations; all over the
country.
(0. He also allo9ed and authorized the construction of facilities on
:!greed <ocations; for use 3y ".. !rmed Borces, personnel
and contractors and granted them 3lan=et authority to conduct
3asing activities such as training and accommodation of
personnelC 3un=ering, refueling, repair and maintenance of
vessels and aircraftC setting up and operating communications
and radar systemsC prepositioning of e5uipment, supplies and
materielC deployment of forces and materiel and storing arms,
ammunition, military e5uipment, supplies and other materiel.
F+. /he !greed <ocations are not only limitless 3oth in terms of
num3er, location and scope of areas covered 3ut also
unidentified as the Philippine and ".. authorities may provide
for them in the yet un9ritten or unpu3lished !nnex of the
64C!. /he Philippine and ".. authorities may still insert
additional or expanded !greed <ocations in its :implementing
arrangements; as provided under !rticle II, Paragraph ) of the
64C!.
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Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
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F,. /he Philippine and " authorities may place these so-called
!greed <ocations any9here in the Philippines and may not
even 3e clearly listed or descri3ed at all. !dditionally, the fact
that the Philippine and ".. authorities could insert agreed
locations at any time after the !nnex is appended through mere
:implementing arrangements; renders the entire process non-
transparent since they may surreptitiously add ne9 or
expanded agreed locations long after the 64C! is in motion
hidden from pu3lic vie9.
F(. /he identification and determination of :!greed <ocations; 9ill
3e su3Dect to negotiations only in the %utual 4efense Board
and ecurity 6ngagement Board co-chaired 3y the Chief of
taff of the !rmed Borces of the Philippines or the Blag or
@eneral $fficer designated 3y him and the Commander of the
"nited tates Pacific Command or a Blag or @eneral $fficer
designated 3y him and 9ill not 3e su3Dect to the scrutiny of the
pu3lic and of Congress.
FF. Ahile the :!greed <ocations; may cover pu3lic and private
lands, President !5uino arrogated upon himself the inherent
po9ers of the state, i.e., the po9er of eminent domain and
police po9er since !rticle I, paragraph ( of the 64C! states
that the 64C! already :provides the principal provisions and
necessary authorizations 9ith respect to !greed <ocations;.
F). It seems that if a certain property is considered as an :!greed
<ocation;, the o9ner of such property could not refuse and
does not have any remedy under Philippine la9s 3ecause the
necessary authorizations have already 3een given 3y the
Philippine government.
FH. imilarly, under the 64C!, the transit and temporary access 3y
".. forces to land, facilities including roads, ports and airfields,
including those o9ned 3y local government units is mandatory.
<ocal government units are deprived of any right over such
land, roads, ports and airfields even if they are 9ithin their
Durisdiction or o9ned 3y them. /hey cannot even exercise any
authority 9hatsoever on agreed locations, in the same 9ay that
the Philippine government is stripped of authority or access
thereto.
FJ. /he 64C! does not also set any limits on 9hat areas
throughout the country that ".. troops can access, the num3er
of ".. troops that can access these areas or facilities, the
16
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
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duration of their stay and ho9 much 9ar materiel can get into
these areas.
F2. everal ne9s reports came out regarding the locations that the
"nited tates may 3e given access to, these are the three
former " 3asesQClar= airfield, u3ic Bay, Poro Point and
Camp !guinaldo, the military>s general head5uarters in %anila.
!lso included as possi3le locations are Bort %agsaysay in
#ueva 6ciDa, #aval tation in an %iguel, Lam3ales, and
$yster Bay in Pala9an.
F1. Based on ne9s reports, too, the ".. is also considering
9hether to see= access to four civil airportsQPala9an, Ce3u,
@eneral antos, and <aoagQas 9ell as Batanes airfield for
refueling and emergency servicing.
F0. 4uring a enate hearing on %ay ,F, (+,), 4efense
"ndersecretary Pio <orenzo Batino said any (at o5 t.!
P.ili((in!" can 3ecome an Ragreed locationR that " troops
can access under the 64C!.
)+. Clearly, President !5uino in granting ".. forces, personnel
and contractors unimpeded use and access of limitless,
3oundless and yet unidentified portions of Philippine land in
relation to ection ), !rticle III, and ection F, !rticle ?I of the
64C! violates the principles of sovereignty and territorial
integrity enshrined in the constitution.
P!"i#!nt A2$ino in !nt!in* into t.!
EDCA &a(it$lat!# ALL t.! i*.t" an#
a$t.oiti!" o5 t.! P.ili((in!" to t.!
U%S% *o/!n'!nt >it.in t.! A*!!#
Lo&ation" 5o t.! latt!7" o(!ational
&ontol an# #!5!n"!% T.!"! a&t" o5
t.! P!"i#!nt !n#!!# t.!
P.ili((in!" "$bo#inat! to t.! US
5o&!"%
111111111111111111111111111111111111111111111111111111
),. !rticle III, paragraph ) of the 64C! grants to the "..
operational control of :!greed <ocations;, thus -
AR./CL0 ///
& & &
4. .he !hilippines hereby grants to the #nited $tates% through
bilateral security mechanisms% such as the M*B and $0B%
17
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
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operational control of greed Locations for construction
acti!ities and authority to underta"e such acti!ities on, and
#a"e alterations and i#pro!e#ents to, greed Locations.
#nited $tates forces shall consult on issues regarding such
construction% alterations% and improvements based on the
!arties1 shared intent that the technical re)uirements and
construction standards of any such pro2ects underta3en by or
on behalf of the #nited $tates forces should be consistent -ith
the re)uirements and standards of both !arties. +emphasis
supplied,
& & &
)(. President !5uino li=e9ise granted authority to the " forces to
exercise all rights and authorities 9ithin the !greed <ocations
that are necessary for their operational control or defense.
/hus -
AR./CL0 4/
& & &
3. #nited $tates forces are authori5ed to e$ercise all rights and
authorities %ithin greed Locations that are necessary for
their operational control or defense, including ta"ing
appropriate #easure to protect United States forces and
United States contractors. .he #nited $tates should
coordinate such measures -ith appropriate authorities of the
!hilippines&'e#phasis supplied( $ x x.

)F. In *octrine for the Armed "orces of the #nited $tates, *oint
Pu3lication ,, pu3lished on (H %arch (+,F, o(!ational
&ontol includes the authority for the follo9ing.
+6, 0&ercise or delegate operational control and tactical
control or other specific elements of authority and establish
support relationships among subordinates% and designate
coordinating authorities.
+', ive direction to subordinate commands and forces
necessary to carry out missions assigned to the command%
including authoritative direction over all aspects of military
operations and 2oint training.
+7, !rescribe the chain of command to the commands and
forces -ithin the command.
+4, (ith due consideration for uni)ue $ervice organi5ational
structures and their specific support re)uirements% organi5e
subordinate commands and forces -ithin the command as
necessary to carry out missions assigned to the command.
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Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
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+8, 0mploy forces -ithin the command% as necessary% to
carry out missions assigned to the command.
+9, Assign command functions to subordinate commanders.
+:, !lan for% deploy% direct% control% and coordinate the
actions of subordinate forces.
+;, 0stablish plans% policies% priorities% and overall
re)uirements for the /$R activities of the command.
+<, Conduct 2oint training e&ercises re)uired to achieve
effective employment of the forces of the command% in
accordance -ith 2oint doctrine established by the C=C$% and
establish training policies for 2oint operations re)uired to
accomplish the mission.
.his authority also applies to forces attached for purposes of
2oint e&ercises and training.
+6>, $uspend from duty and recommend reassignment of any
officer assigned to the command.
+66, Assign responsibilities to subordinate commanders for
certain routine operational matters that re)uire coordination of
effort of t-o or more commanders.
+6', 0stablish an ade)uate system of control for local defense
and delineate such operational areas for subordinate
commanders as deemed desirable.
+67, *elineate functional responsibilities and geographic
operational areas of subordinate commanders.
& & &
)). /he "nited tates government retains o(!ational &ontol of
the !greed <ocations. /he 64C!, ho9ever, did not specify
9hat " institution, entity or organization is principally tas=ed
9ith the operational control of the !greed <ocations.
)H. /he " forces shall also @!0!&i"! all i*.t" an# a$t.oiti!"?
to ensure operational control and defense. /his includes
putting in place security measures that 9ould necessarily limit
the Bilipinos> access to their facilities. /his also means that "
forces can arrest, detain or even use force against Bilipinos
allegedly in :self-defense.;
)J. /he Philippine authorities> access to the !greed <ocations, on
the other hand, 9ill have to comply 9ith the :operational safety
and security re5uirements; and procedures that the " forces
9ill impose. /he Bilipinos, including commanding officers of the
!BP are not allo9ed access 9ithout the permission of the "
forces as provided under !rticle III, Paragraph H of the 64C!.
19
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
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)2. Bormer #avy officer <t. enior @rade %ary #ancy @adian in her
affidavit dated !ugust (J, (++0
J
descri3ed ho9 :operational
control; is 3eing done in "-controlled Camp #avarro in
Lam3oanga City, to 9it.
& & & &
)& fter the 2**2+1 ,ali"atan -$ercises, the US troops
stayed and established a per#anent and continuous
presence in Southern .indanao& /his is particularly
described belo%&
6>. After the '>>'?6 Bali3atan 0&ercises% the #nited $tates
established a =oint $pecial @perations .as3 "orce !hilippines
+=$@."!, -hich is based in Camp Aavarro. .he =$@".! is
under the #$ !acific Command -hich is based in Ba-aii. !rior
to the establishment of the =$@".!% the #$ had a for-ard unit
-ith about 8>> men in 0d-in Andre-s Air Base in $ta. Maria%
Camboanga City. .heir base is in @3ina-a% =apan. /n military
parlance% a “for-ard unit” is an advance command unit that is
installed to serve as the first line of defense against the enemy.
.he for-ard unit serves as the central command1s operating
arm in the area.
66. !rior to their presence in Camp Aavarro% the #$ military
built permanent and temporary structures in the 0d-in Andre-s
Air Base to house their personnel and e)uipment +-hich
included tan3s and communication e)uipment, and they also
built a small permanent structure near the airstrip of the Air
Base. /n '>>6% they already had open access to the airstrip
and they had planes coming in and out almost every other day.
.heir aircraft +C?6'% C?67> and Chinoo3 helicopters, -ere
par3ed in the base operations center of the Air Base. After they
established their continuous presence -ithin Camp Aavarro
starting in '>>'% the #$ continued to maintain their office and
-arehouse near the airstrip in Andre-s Air Base. /his area is
fenced and secured by 0ilipinos and #ericans hired by
Dyn Corporation, an #erican pri!ate #ilitary contractor&
0ilipinos ha!e no access to this area& 'e#phasis and italics
supplied(
& & & &
7>. / e&perienced and -itnessed the arrogant% high?handed and
6
Anol# J% Pa#illa% (S( e5uals more secret " 3ases in PH, CD May DCED
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more-secret-us-3ases-in-ph-part-(-of-(
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Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
imperious conduct% behavior and attitude of many #$ military
officers and enlisted personnel as -ell as their civilian
employees to-ards us "ilipinos. enerally% they call us li3e
they are summoning their servants. .hey often impose on us
their -ishes and e&pect us to submit to their commands. @n the
-hole% their assertions of po-er and authority appear li3e they
rule over us and the country.
& & &
)1. Ahat is 3eing practiced and implemented in "..-controlled
areas in Camp #avarro gives us an idea of ho9 the !greed
<ocations 9ill 3e managed under the :operational control; of the
"..
)0. Clearly, in granting :operational control; and authority to
exercise :all rights and authorities; 9ithin the !greed <ocations,
President !5uino allo9ed the Philippine forces to 3e
su3ordinate to the ".. forces. /his is inconsistent 9ith the
concept of sovereignty 9here states are in complete and
exclusive control of all the people and property 9ithin their
territory, and the principle that tate sovereignty includes the
idea that all states are e5ual as states.
PRESIDENT AQUINO; UNDER THE EDCA;
EFFECTIVEL, SURRENDERED TO THE ARMED
FORCES OF THE PHILIPPINES +AFP- FULL
AUTHORIT, TO DEFINE THE DETAILS OF THE
AGREEMENT INVOLVING THE PRESENCE OF
FOREIGN MILITAR, BASES; FACILITIES AND
TROOPS IN CLEAR VIOLATION OF THE
CONSTITUTIONAL PROVISION THAT CIVILIAN
AUTHORIT, IS; AT ALL TIMES; SUPREME OVER THE
MILITAR,%

H+. !rticle II, section F of the Constitution expressly provides, to 9it.
$ection 7. Civilian authority is, at all times, supreme over the
military. /he !rmed Borces of the Philippines is the protector of
the people and the tate. Its goal is to secure the sovereignty of
the tate and the integrity of the national territory.

21
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
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H,. $n the otherhand, it is 9ell to note the follo9ing provisions of
the 64C!, to 9it.
rticle 11
DEFINITIONS
4. “Agreed Locations” means facilities and areas that are
provided by the overnment of the !hilippines through the
0P and the #nited $tates forces% #nited $tates
contractors% and others as mutually agreed% shall have the
right to access and use pursuant to this Agreement. Such
greed Locations #ay be listed in an anne$ to be
appended to this gree#ent, and #ay be further
described in i#ple#enting arrange#ents&
E x x x
rticle 111
& & &
4. .he !hilippines hereby grants to the #nited $tates% through
bilateral security mechanisms% such as the M*B and $0B%
operational control of greed Locations for
construction acti!ities and authority to underta"e such
acti!ities on, and #a"e alterations and i#pro!e#ents
to, greed Locations. #nited $tates forces shall consult on
issues regarding such construction% alterations% and
improvements based on the !arties1 shared intent that the
technical re)uirements and construction standards of any
such pro2ects underta3en by or on behalf of the #nited
$tates forces should be consistent -ith the re)uirements
and standards of both !arties. +emphasis supplied,
& & &
Ati&l! IV
EQUIPMENT; SUPPLIES; AND MATERIAL
5. /he Philippines here3y authorizes "nited tates forces,
through 3ilateral security mechanisms, such as the %4B and
6B, to (!(o"ition an# "to! #!5!n"! !2$i('!nt,
supplies, and materiel 7:prepositioned materiel;8, including,
3ut not limited to, humanitarian assistance and disaster relief
e5uipment, supplies, and material, at !greed <ocations.
"nited tates forces shall notify the !BP in advance
regarding the 5uantities and delivery schedules of defense
22
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
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e5uipment, supplies, and materiel that "nited tates forces
intend to preposition in !greed <ocations, as 9ell as 9ho 9ill
ma=e such deliveries.
E x x
H(. Pursuant to the a3ove-5uoted provisions of the 64C!,
President !5uino granted to the !BP full authority to determine
and decide on the num3er, location and scope of the agreed
locations that ".. forces shall have free access and use. /he
!BP 9as also granted full authority to define the details of the
implementing arrangements on these !greed <ocations.
HF. Burthermore, President !5uino left to the !BP leadership,
through the ecurity 6ngagement Board and the %utual
4efense Board the extent of operational control of the ", the
nature of activities that the " could underta=e 9ithin the
!greed <ocations and the granting of authority to conduct such
activities.
H). 6ven the discussion on matters concerning the prepositioning
and storing of defense e5uipment, supplies and materiel are left
to the !BP leadership.
HH. /hese important and crucial matters 9ill 3e su3Dect to
negotiations only in the %utual 4efense Board and ecurity
6ngagement Board co-chaired 3y the Chief of taff of the
!rmed Borces of the Philippines and the Commander of the
"nited tates Pacific Command and 9ill not 3e su3Dect to the
scrutiny of the pu3lic and of Congress.
HJ. Clearly, 9ith the grant of such authority to the !BP, civilian
authority has 3een surrendered to the military in clear
contravention of !rticle II, section F of the constitution.
P!"i#!nt A2$ino #!(i/!# t.!
S$(!'! Co$t; t.o$*. t.! EDCA; o5
B$#i&ial (o>! o/! t.! a&t" o5 US
5o&!" an# &onta&to" &o''itt!#
>it.in t.! P.ili((in!" !"$ltin* to
any &i/il; &i'inal o a#'ini"tati/!
liability%
111111111111111111111111111111111111111111111111111111
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Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
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H2. /he Philippine Constitution is clear that Dudicial po9er is vested
in the upreme Court and such other lo9er courts as may 3e
esta3lished 3y la9.
2
/he same constitution lists do9n original
and appellate Durisdiction of the upreme Court,
1
as 9ell as its
po9er to promulgate the rules of procedure and practice 7ec.
H 7H8, !rt. ?III8.
0

H1. !rticle EI of the 64C! ousts the Philippine Dustice system from
any Durisdiction over many issues pertaining to the 64C! and
grants " forces and their contractors immunity from
prosecution or lia3ility. /he article provides, to 9it.
Ati&l! FI
RESOLUTION OF DISPUTES
/he Parties agree to resolve any dispute arising under this
!greement exclusively through consultation 3et9een the
Parties. 4isputes and other matters su3Dect to consultation
under this !greement shall not 3e referred to any national or
international court, tri3unal, or other similar 3ody, or to any third
party for settlement, unless other9ise agreed 3y the Parties.
H0. /he 9ord RdisputeR covers civil, criminal and administrative
issues that may arise in the implementation of the 64C!. /he
many possi3le disputes that may arise under the 64C! are.
criminal acts of operatives of " forces or " contractors,
contract or la3or dispute, destruction of the environment as a
result of " activities, or spillage of toxic chemicals, among
others.
J+. But the ".. forces, personnel and contractors can easily get
a9ay 9ith these cases as !rticle EI of the 64C! ta=es a9ay
the Durisdiction of local courts over these issues. " authorities
can even insist that the 64C! has ousted the International
Criminal Court of Durisdiction over acts committed in the
deployment of troops and materiel a3road or in the Philippines.
J,. 6ven if the acts giving rise to the dispute 9ere committed 9ithin
Philippine territory, against Bilipino persons, and violate the
Philippine Constitution and other domestic la9s of the country,
" forces and personnel, as 9ell as its private contractors, are
given immunity from suit.
7
ection ,, !rticle ?III of the ,012 Philippine Constitution.
8
ection H 7,-(8, !rticle ?III of the ,012 Philippine Constitution.
9
ection H 7H8, !rticle ?III of the ,012 Philippine Constitution.
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Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
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J(. 4isputes arising from the implementation of the 64C! are
resolved only through RconsultationR and not referred to any
national or international tri3unal, or other similar 3ody, or to any
third party for settlement, unless the Parties other9ise agree.
/his only means that !merican criminals and violators of
Philippine la9s 9ill go scot-free 3ecause of the a3sence of
imposition of a penalty and no court or third party to chec= or
revie9 the legality or Dustness of the result of Rconsultations.R
" soldiers, mercenaries and contractors can commit crimes
and violate Philippine la9s 9ith impunity.
JF. /he Philippine experience 9ith the so-called u3ic rape case
under the ?B! is a despica3le and shameful reminder of 9hat
can transpire again through the 64C!.
J). 4espite the fact that the Regional /rial Court of %a=ati found
<MCpl. 4aniel mith guilty in (++J of raping a Bilipina, he 9as
later on secretly ta=en out of Philippine Dail and transferred to a
detention facility under the control of the "nited tates
government.
JH. /he ?B! contains more specific provision on the Philippine
courtsK Durisdiction over crimes committed 9ithin the territory.
#evertheless, complete relief, from the moral perspective and
dignity of the ordinary Bilipino, 9as never achieved. /his scale
of inDustice is multiplied many times over 9ith the s9eeping
removal of Dudiciary po9er and Durisdiction over illegal acts
committed in the implementation of the 64C!.
JJ. !merican soldiers can thus once again ravage Bilipinas 9ithout
having to thin= t9ice a3out repercussions as the 64C! itself
denies their accounta3ility under Philippine <a9.
J2. " %ilitary Police 7%Ps8 can li=e9ise shoot Bilipinos on sight
and they 9on>t even have to ma=e the excuse later on that they
mista=enly thought that they 9ere pigs.
J1. /he deprivation of effective *udicial !uthority and the exercise
of the inherent po9ers of the tate on the part of the Philippine
government as to the !greed <ocations contained in the 64C!,
the personnel and materiel of the " forces therein, along 9ith
the non-disclosure of su3se5uent implementing agreements,
amount to violations of Philippine sovereignty and travesties to
the ,012 Constitution.
25
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
J0. Ironically, the !greed <ocations in Philippine territory and the
activities contemplated in the 64C! come under the po9er and
administration of a foreign country P the "nited tates, far from
the reach of Philippine la9s.
2+. It is resoundingly clear, therefore, that the implementation of the
64C! in the Philippines violates the country>s sovereignty.
2,. /he surrender of Philippine sovereignty to the "nited tates
through the 64C! clearly constitutes culpa3le violation of the
constitution.
B. P!"i#!nt A2$ino kno>in*ly; >ill5$lly an#
int!ntionally !nt!!# into t.! US1RP En.an&!#
D!5!n"! Coo(!ation A*!!'!nt >.i&. blatantly
/iolat!" t.! Con"tit$tional ban on 5o!i*n
'ilitay ba"!"; too("; o 5a&iliti!" !0&!(t $n#!
a t!aty #$ly &on&$!# in by t.! S!nat!; an# t.!
anti1>a an# anti1n$&l!a (o/i"ion" o5 t.!
Con"tit$tion)
T.! EDCA i" a ba"in*
a*!!'!nt t.at i" not allo>!#
$n#! t.! EGHI Con"tit$tion;
!0&!(t $n#! "tin*!nt
&on#ition"%
1111111111111111111111111111111111111111111111
2(. /he ,012 Philippine Constitution has a categorical and 5ualified
prohi3ition on foreign military 3ases, troops, or facilities in the
country 3eyond the year ,00,. ection (H, !rticle E?II of the
Constitution explicitly provides, that.
:!fter the expiration in ,00, of the !greement 3et9een the
Repu3lic of the Philippines and the "nited tates of !merica
concerning military 3ases, 5o!i*n 'ilitay ba"!"; too("; o
5a&iliti!" shall not 3e allo9ed in the Philippines !0&!(t $n#!
a t!aty duly concurred in 3y the enate and, 9hen the
Congress so re5uires, ratified 3y a maDority of the votes cast 3y
the people in a national referendum held for that purpose, and
recognized as a treaty 3y the other contracting tate.
26
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
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------------------------------------------------------------------------------------------------
2F. In Bayan v. Camora
,+
, the Honora3le Court clarified that.
:/he clause does not refer to Tforeign military 3ases, troops, or
facilities> collectively 3ut treats them as separate and
independent su3Dects. /he use of comma and the disDunctive
9ord Tor> clearly signifies disassociation and independence of
one thing from the others included in the enumeration, such
that, the provision contemplates three different situations - a
military treaty the su3Dect of 9hich could 3e either 7a8 foreign
3ases, 738 foreign troops, or 7c8 foreign facilities - any of the
three standing alone places it under the coverage of ection
(H, !rticle E?III.;
2). /he term :military 3ase; seems to have no rigidly technical or
finite definition. /he " 4epartment of 4efense in its 4ictionary
of %ilitary and !ssociated /erms loosely defines a 3ase as. :a
locality from 9hich operations are proDected or supportedC an
area or locality containing installations 9hich provide logistic or
other supportC home airfield or home carrier.;
,,
/his definition is
also used 3y the #orth !tlantic /reaty $rganization, 9hich uses
it alternatively 9ith the term :military installation;.
2H. imilarly, the term :military installation; means a 3ase, camp,
post, station, yard, center, or other activity under the Durisdiction
of the ecretary of a military department or, in t.! &a"! o5 an
a&ti/ity in a 5o!i*n &o$nty; $n#! t.! o(!ational &ontol
o5 t.! S!&!tay o5 a 'ilitay #!(at'!nt o t.! S!&!tay o5
D!5!n"!; >it.o$t !*a# to t.! #$ation o5 o(!ational
&ontol.
,(
2J. /he 64C! 3rings 3ac= the " 3ases under a different name,
under a more flexi3le arrangement, 3ut 9ith the same functions
and purpose.
10
@.R. #o. ,F1H2+. ,+ $cto3er (+++.
11
*oint Pu3lication ,-+(, pu3lished 1 #ovem3er (+,+
12
,+ ".. Code U (1+, - cope of chapterC definitions
27
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
22. /he 64C! is the latest une5ual military agreement that
Philippine government entered into after the ,0)2 %ilitary
Bases !greement 7%B!8, ,0H, %utual 4efense /reaty 7%4/8,
,000 ?isiting Borces !greement 7?B!8 and (++( %utual
<ogistics upport !greement 7%<!8.
21. /he 64C! grants access for !merican forces to Philippine
facilities, putting up of " 3ases, stationing of troops,
prepositioning of e5uipment and 9eapons. /a=en 9ith other
existing military agreements such as the ?B! and %<!, the
64C! completes the return of " 3ases in the country, (F
years after they 9ere =ic=ed out 3y the Philippine enate.
20. /he functions of the !greed <ocations under the 64C! are
functions of a 3ase and the activities conducted therein are
those underta=en in military 3ases.
1+. /hese !greed <ocations as defined under the 64C! can
contain houses or 3arrac=s to accommodate thousands of
troopsC they contain 9eapon armories, arsenals or silosC they
have secure storage 3uildings for prepositioned supplies and
9ar materielC they have their o9n facilities for refueling,
3un=ering, and repairing 9arships or aircraftsC they have their
o9n perimeter 9all 9hich 9ill prohi3it unauthorized entryC they
have their o9n telecommunication systems and a
communication centerC and they are even launching pads or
sites for the deployment of troops and 9ar materiel to other
countries. In fact, they even have separate facilities for its
9ater, electricity and other utilities. /he so-called "
Contractors 9ill mainly construct all of these.
1,. !nother reason 9hy the agreed locations are " military 3ases
is the fact that the activities enumerated in !rticle III, Paragraph
I include massive military activities such as :refueling of aircraft%
bun3ering of vessels% maintenance vessels and aircraft.; /hese
re5uire gigantic ports 9ith the capacity to conduct repair and
maintenance of immense " 9arships, enormous airports
capa3le of sustaining large and heavy " planes, and colossal
fuel depots capa3le of fueling these huge ships and planes.
/he " forces cannot underta=e these large-scale activities
secured from threats 9ithout a 3ase.
1(. /he 9ord :temporary; is a meaningless 9ord in !rticle III,
Paragraph , of the 64C!, and in the entire agreement for that
28
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
matter, since the Philippine and " authorities could define
temporary to mean a fe9 days, months, years or even decades.
1F. /he Philippine and " authorities can deem the presence of
" troops once deployed in Clar= and u3ic as :temporary;
since none of them intended to stay in the country permanently
as soldiers. /he repetition of the 9ord :temporary; in the 64C!
is merely intended to delude the Bilipinos into thin=ing that the
" soldiers are merely visiting 3ecause they are supposedly
:rotational.;
1). /he 64C! does not even define 9hat :rotational;
means. Bollo9ing the *$/BP model, the " can perpetually
rotate its troops in the Philippines under the 64C!.
1H. !side from a :main operating 3ase;, the " also employs
:for9ard 3asing; to ensure its economic and political interests.
/he 6ncyclopedia of "nited tates #ational ecurity 73y
Richard *. amuels, (++H edition.8 defines for9ard 3asing as -
0or%ard ,asing
*uring peacetime% #.$. overseas military presence in strategic
regions of the -orld% established to support international
security ob2ectives and national interests. "or-ard basing
refers to the e)uipment% #.$. armed forces% and military
facilities that are stationed in a foreign country or deployed at
sea during peacetime. .he more general term for-ard
presence encompasses noncombat overseas #.$. military
activities and includes% but is not limited to% bases% fi$ed and
rotational deploy#ents, access agree#ents, foreign
#ilitary assistance, training of foreign ar#ed forces, 2oint
training e$ercises, intelligence sharing, and #ilitary+to+
#ilitary contacts. .he goal of for-ard basing is to promote
#.$. security and national interests. A visible #.$. overseas
military presence is intended to pro2ect #.$. po-er% deter
potential adversaries% stabili5e potentially volatile regions% and
shape the international environment to ma3e it receptive to #.$.
economic and political interests. "or-ard basing is used to
support the #.$. defense policy.
1J. /he Philippine Constitution explicitly prohi3its foreign military
3ases in the country. /he Constitution does not distinguish
9hether it is a :main operating 3ase; or a :for9ard 3ase; or
other types of 3ases. Clearly, the activities to 3e conducted in
the !greed <ocations and the functions of these activities
constitute 3asing, 9hich are prohi3ited 3y the Constitution
29
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
9ithout complying 9ith the re5uisites under ection (H, !rticle
E?II.
12. /he " 9ill retain operational control of the :agreed locations;
and shall :exercise all rights and authorities; to ensure their
operational control.
11. In #nited $tates v. Apel
,F
the " upreme Court clarified that
military use is generally concurrent 9ith Durisdiction or control
over the 3ases or installation. :/o descri3e a place as Tmore or
less closely connected> 9ith military activities hardly re5uires
that the military hold an exclusive right to the property. Rather,
Tmilitary duty> and Tmilitary protection> are synonymous 9ith the
exercise of military Durisdiction. !nd that, not coincidentally, is
precisely ho9 the term Tmilitary installation> is used else9here in
federal la9.
,)
10. In granting operational control and the omni3us exercise of :all
rights and authorities; over the !greed <ocations
,H
, the
Durisdiction of the " 4epartment of 4efense is esta3lished and
ensured. $n the other hand, the !BP mem3ers and personnel
are simply tas=ed to secure the perimeter areas of the !greed
<ocations.
0+. In a primer released 3y the 4epartment of Boreign !ffairs on
the 64C!, the respondents claim that :the defining features of
:foreign military 3ases; P extraterritoriality, exclusivity in use
and foreign o9nership P 9ill not 3e applica3le in the !greed
<ocations.;
,J
13
,F) . Ct. ,,)), ,11 <. 6d. (d 2H 7(+,)8
,)
ee, e.g., ,+ ". . C. U (J127g87,8 7defining Tmilitary installation> as a T3ase . . . or
other activity under the Durisdiction of the 4epartment of 4efense>8C U (1+,7c87)8 7defining
Tmilitary installation> as a T3ase . . . or other activity under the Durisdiction of the ecretary
of a military department>8C F( CBR U 1+0a.+ 7T/his part prescri3es the commandersK
authority for enforcing order 9ithin or near !ir Borce installations under their Durisdiction
and controlling entry to those installations>8.;
15
64C! !rt ?I 7F8
16
Bre5uently !s=ed Questions on the 64C!, released 3y the 4epartment of
Boreign !ffairs.
Is 64C! constitutionalV
'es. ../he defining features of :foreign military 3ases; P extraterritoriality,
exclusivity in use and foreign o9nership P 9ill not 3e applica3le in the !greed
<ocations. x x x
Retreived from https.MM999.dfa.gov.phMindex.phpM(+,F-+J-(2-(,-H+-FJMdfa-
releasesM(J0F-fre5uently-as=ed-5uestions-fa5s-on-the-enhanced-defense-cooperation-
agreement, last accessed ,2 %ay (+,).
30
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
0,. 6ven if 9e adopt the a3ove-mentioned features of a foreign
military 3ase, i.e., extraterritoriality, exclusivity, and o9nership
as the test in determining the character of the facilities to 3e
esta3lished in the !greed <ocations, the provisions of the
64C! 9ill sho9 the existence of the said features.
0(. Birst, !0tat!itoiality% :Ahen a state asserts Durisdiction over
persons or things outside of its o9n territorial limits, there is
presented a case of extraterritoriality.;
,2

0F. /he 64C! expressly provides that in soliciting, a9arding and
administering contracts for the materiel, e5uipment, supplies
and services that may 3e underta=en in Philippine territory, the
same shall 3e done in accordance 9ith the la9s and regulations
of the ".
,1

0). !lso, :for all matters relating to the prepositioning and storage
of defense e5uipment, supplies, and materiel, including
delivery, management, inspection, use, maintenance, and
removal of such e5uipment, supplies and materiel,; the Parties
in the 64C! :share an intent that "nited tates contractors
may carry out such matters in accordance 9ith, and to the
extent permissi3le under, "nited states la9s, regulations and
policies.;
,0
0H. /he foregoing clearly sho9s an exercise of extraterritorial
Durisdiction 3y the " over civil acts.
0J. !nd 9hile the 64C! is silent as to criminal lia3ility, the " in
(+++ enacted the %ilitary 6xtraterritorial *urisdiction !ct 7%6*!8
to precisely cover the Durisdictional gaps. Criminal offenses
committed 3y certain mem3ers of the !rmed Borces and 3y
persons employed 3y or accompanying the !rmed Borces
outside the "nited tates are no9 9ithin the :special; Durisdiction
of the ".
U F(J, 7a8 Ahoever engages in conduct outside the "nited
tates that 9ould constitute an offense punisha3le 3y
imprisonment for more than , year if the conduct had 3een
engaged in 9ithin the special maritime and territorial Durisdiction
of the "nited tatesQ
17
Aestel A. Aillough3y, /H6 B"#4!%6#/!< C$#C6P/ $B P"B<IC <!A, #e9 'or=.
%acmillan, ,0().
18
64C!, !rt. ?II 7,8
19
64C!, !rt I? 7)8, 7H8
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Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
7,8 9hile employed 3y or accompanying the !rmed Borces
outside the "nited tatesC or
7(8 9hile a mem3er of the !rmed Borces su3Dect to chapter )2
of title ,+ 7the "niform Code of %ilitary *ustice8, shall 3e
punished as provided for that offense.
02. %6*! 9as intended to provide extraterritorial Durisdiction for
circumstances 9here an !merican, 9ho is overseas ta=ing part
in ".. military activity or operation, commits an offense. 7,8 in
a host country that is not exercising Durisdiction and 7(8 the
offense 9ould 3e a ".. federal offense 3ut cannot 3e reached
3y any other extraterritorial statute or the "niform Code of
%ilitary *ustice.
01. Aicolas v. Romulo
(+
reminds us of the general rule in
international la9. :foreign armed forces allo9ed to enter one>s
territory is immune from local Durisdiction, except to the extent
agreed upon. /he tatus of Borces !greements involving
foreign military units around the 9orld vary in terms and
conditions, according to the situation of the parties involved,
and reflect their 3argaining po9er. But the principle remains,
i.e., the receiving tate can exercise Durisdiction over the forces
of the sending tate only to the extent agreed upon 3y the
parties.; (ilson v. irard
(,
is of a slightly different ta=e, 3ut
comes to the same conclusion. :WaX sovereign nation has
exclusive Durisdiction to punish offenses against its la9s
committed 9ithin its 3order, unless it explicitly or implicitly
consents to surrender its Durisdiction.; /he emphasis on express
consent is implicit, as it is difficult to 3e certain that consent is
implied.
((
00. /hus, the failure to ma=e the provisions on Durisdiction in the
64C! more explicit, 9hether intentional or unintentional, only
supports the legal conclusion that ta=en altogether, the "
exercises extraterritorial Durisdiction, amounting to the ouster of
Philippine Durisdiction, over persons, things, and acts in !greed
<ocations under the 64C!.
,++. econd, !0&l$"i/ity% Paragraph F, !rticle I? of the 64C! is
clear-cut.
20
@.R. #o. ,2H111, ,, Be3ruary (++0. !lso, as cited, see 4ieter Blec=, 6d., /H6
H!#4B$$& $B /H6 <!A $B ?II/I#@ B$RC6 , $xford, (++,.
21
FH) ".. H() 7,0H28.
22
Fleck, p. 101.
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Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
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:/he prepositioned material of "nited tates forces shall 3e for
the !0&l$"i/! $"! of "nited tates forces, and full title to all
such e5uipment, supplies, and materiel remains 9ith the "nited
tates. "nited tates forces shall have &ontol over the
a&&!"" to an# #i"(o"ition o5 "$&. (!(o"ition!# 'at!i!l
an# ".all .a/! t.! $n!n&$'b!!# i*.t to !'o/! "$&.
(!(o"ition!# 'at!ial at any ti'! 5o' t.! t!itoy o5 t.!
P.ili((in!"%;
,+,. !s discussed earlier too, " 9ill retain operational control of
the :agreed locations; and shall :exercise all rights and
authorities; to ensure their operational control, 9hich includes
putting in place security measures that 9ould necessarily limit
access to their facilities. Philippine access 9ill have to comply
9ith the :safety and security re5uirements; that 9ill 3e imposed
3y the ".
(F
,+(. 6ven Philippine #ational 4efense "ndersecretary Batino 9as
constrained to admit that the 64C! may allo9 :primary; or
exclusive use of local military facilities 3y the "nited tates
forces.
()

,+F. /hirdly, o>n!".i(. cialoDa defines o9nership as :a relation in
private la9 3y virtue of 9hich a thing pertaining to one person is
completely su3Dected to his 9ill in everything not prohi3ited 3y
pu3lic la9 or the concurrence 9ith the rights of another.;
(H
/he
attri3utes of o9nership are. 2us possidendi, the right to possessC
2us utendi, the right to use and enDoyC 2us abutendi, the right to
a3use or consumeC 2us disponendi, the right to dispose or
alienateC 2us vindicandi, the right to recover or vindicateC and 2us
fruendi, the right to the fruits.
(J
,+). !lthough the 64C! provides that Philippines :shall retain
o9nership of and title to !greed <ocations
(2
;, this is a
meaningless provision or purely to=enism at 3est, 9hen ta=en
9ith the other provisions of the 64C!. It is no different from the
to=en provision in the ,020 %ilitary Bases Revie9 that placed
Clar= and u3ic under the nominal o9nership of the Philippine
23
EDCA, Art. III (5)
24
Retrieved from http.MMglo3alnation.in5uirer.netM,+F1,1Mofficial-guest-us-may-use-afp-
facilities-exclusively-under-edca, last accessed ,2 %ay (+,).
25
!rturo /olentino, C$%%6#/!RI6 !#4 *"RIPR"46#C6 $# /H6 CI?I< C$46 $B /H6 PHI<IPPI#6,
Central Boo= upply. Quezon City, ,00(.
26
/d., p. )H-)J.
27
64C! !rt. ? 7,8.
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Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
government, complete 9itih a Philippine flag 9aving high in the
" 3ases.
,+H. /he follo9ing provisions of the 64C! are relevant.
!R/IC<6 ?
$A#6RHIP
,. /he Philippines shall retain o9nership of and title to
!greed <ocations.
2. /he "nited tates ".all !t$n to the Philippines any
A*!!# Lo&ation"; o any (otion t.!!o5, including
non-relocata3le structures and assem3lies constructed,
modified, or improved 3y the "nited tates, on&! no
lon*! !2$i!# by Unit!# Stat!" 5o&!" 5o a&ti/iti!"
$n#! t.i" A*!!'!nt. /he Parties of the 4esignated
!uthorities shall consult regarding the terms of return of
any !greed <ocations, in&l$#in* (o""ibl!
&o'(!n"ation 5o i'(o/!'!nt" o &on"t$&tion.
3. "nited tates forces and "nited tates contractors ".all
!tain titl! to all !2$i('!nt; 'at!ial; "$((li!";
!lo&atabl! "t$&t$!"; an# ot.! 'o/!abl! (o(!ty
that have 3een imported into or ac5uired 9ithin the
territory of the Philippines 3y or on 3ehalf of "nited tates
forces.
4. All b$il#in*"; non1!lo&atabl! "t$&t$!"; an#
a""!'bli!" a55i0!# to t.! lan# in t.! A*!!#
Lo&ation", including ones altered or improved 3y "nited
tates forces, remain the property of the Philippines.
Permanent 3uildings constructed 3y "nited tates forces
3ecome the property of the Philippines, once constructed,
b$t ".all b! $"!# by Unit!# Stat!" 5o&!" $ntil no
lon*! !2$i!# by Unit!# Stat!" 5o&!".
x x x
,+J. !rticle ? 7,8 of the 64C! is merely a meaningless sym3olic title
3ecause the " has 7i8 operational control over it including its
3uildings and facilitiesC 7ii8 Bilipinos have no access over these
34
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
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9ithout the permission of the ", 7iii8 the " has operational
control over the construction, removal, and storage of anything
9ithin the !greed <ocationsC and 7iv8 as provided under !rticle
?I, Paragraph F of the 64C!, the :#$ are authori5ed to
e&ercise all rights and authorities -ithin the Agreed
Locations;Qthus ousting the Philippines from any Durisdiction
over these locations.
,+2. %oreover, the " shall have the right to posses and use the
land, 3uildings and other non-relocata3le structures in the
!greed <ocations :until no longer re5uired 3y "nited tates
Borces.; /his may ta=e ,++ years. !nd even then, turn-over of
improvements and construction may involve :possi3le
compensation for improvements or construction;.
(1
,+1. $n the otherhand, "nited tates forces and "nited tates
contractors ".all !tain titl! to all !2$i('!nt; 'at!ial;
"$((li!"; !lo&atabl! "t$&t$!"; an# ot.! 'o/!abl!
(o(!ty that have 3een imported into or ac5uired 9ithin the
territory of the Philippines 3y or on 3ehalf of "nited tates
forces.
,+0. "ndou3tedly, the activities that may 3e underta=en, the facilities
to 3e constructed in the !greed <ocations, and the functions of
these facilities under the 64C! are features of a foreign military
3ase, the presence of 9hich is clearly prohi3ited under the
Constitution.
P!"i#!nt A2$ino; $n#! t.! EDCA; allo>!# t.!
!nty o5 n$&l!a >!a(on" an# .a3a#o$"
'at!ial" into t.! &o$nty in /iolation o5 o$
Con"tit$tion an# !n#an*!in* o$ .!alt. an#
!n/ion'!nt%
Enty o5 n$&l!a >!a(on"
-------------------------------------
,,+. !rticle II of our Constitution is clear on the Philippine policy
against nuclear 9eapons, thus.
ection (. /he Philippines !no$n&!" >a a"
an in"t$'!nt o5 national (oli&y, adopts the
28
64C! !rt. ? 7(8
35
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
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generally accepted principles of international la9 as
part of the la9 of the land and adheres to the policy
of peace, e5uality, Dustice, freedom, cooperation,
and amity 9ith all nations.
ection 1. /he Philippines, &on"i"t!nt >it.
t.! national int!!"t, adopts and pursues a (oli&y
o5 5!!#o' 5o' n$&l!a >!a(on" in it" t!itoy.
,,,. !rticle I?, par. J of the 64C! provides :/he (!(o"ition!#
'at!i!l ".all not in&l$#! n$&l!a >!a(on".;
,,(. !s 9orded, it does not prohi3it nuclear 9eapons. It merely
provides that nuclear 9eapons 9ill not 3e among the
prepositioned materiel. #o9here in the 64C! is it provided
that 9arships and aircrafts carrying nuclear 9eapons are 3arred
from Philippine territory. tated other9ise, the provision implies
that nuclear 9eapons may 3e 3rought into the country 3y "
9arships and aircrafts, though not necessarily for storage or
prepositioning. But this still violates the a3ove principles and
state policy declared in our Constitution. Ahat ma=e this 9orse
are the follo9ing !rticle I? provisions in the 64C! denying the
Philippines access to " prepositioned materiel.
:F. /he prepositioned materiel of "nited tates
forces shall 3e for t.! !0&l$"i/! $"! of "nited
tates forces, and full title to all such e5uipment,
supplies, and materiel remains 9ith the "nited
tates. Unit!# Stat!" 5o&!" ".all .a/! &ontol
o/! t.! a&&!"" to and #i"(o"ition of "$&.
(!(o"ition!# 'at!i!l and shall have the
unencum3ered right to remove such prepositioned
materiel at any time from the territory of the
Philippines.
). Unit!# Stat!" 5o&!" an# Unit!# Stat!"
&onta&to" ".all .a/! $ni'(!#!# a&&!"" to
!greed <ocations for all matters relating to the
prepositioning and storage of defense e5uipment,
supplies, and materiel, in&l$#in* #!li/!y;
'ana*!'!nt; in"(!&tion, use, maintenance, and
removal of such e5uipment, supplies and materiel.;
,,F. /he 3an on nuclear 9eapons includes those carried in transit to
our territory 3y " 9arships and 9arplanes. Aith the provision
36
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
under !rticle I?, paragraph J of the 64C! implying that "
9arships and aircrafts may 3ring in nuclear 9eapons, the lac=
of any mechanism therein for the verification of existence or
non-existence of nuclear 9eapons, the 64C! tramples upon
our Constitution.
,,). !nother 64C! provision 9hich poses danger to our
environment and, thus, our national interest is the follo9ing.
:,. Unit!# Stat!" 5o&!" ".all not int!ntionally
!l!a"! any .a3a#o$" 'at!ial" o .a3a#o$"
>a"t! o>n!# by it, and, if a spill occurs, shall
expeditiously ta=e action in order to contain and
address environmental contamination resulting from
the spill.; 7!rticle IE, par. F8
,,H. Implied in said provision is the fact that US 5o&!" a! allo>!#
to bin* into the country hazardous materials or hazardous
9aste, threatening the right of the Bilipino people to a 3alanced
and healthful ecology and their right to health 7!rticle II,
ections ,J and ,H of our Constitution8.
,,J. /he lopsidedness of the 64C! is clear. #ot only does the
64C! grossly undermine Philippine sovereignty and territorial
integrity, its terms and conditions are inimical to security, health
and interest of the Bilipino citizenry.
,,2. "nder the 64C!, " forces may 3ring in nuclear 9eapons and
hazardous materials into the country in violation of our
Constitution and endangering our health and environment. By
entering into such an agreement, President !5uino committed
culpa3le violation of the Constitution.
P!"i#!nt A2$ino in allo>in* t.! $"! o5 P.ili((in! t!itoy
by US 5o&!" a" a 5o>a# ba"! an# "tation 5o too(" an#
'at!i!l not only #a*" t.! Fili(ino P!o(l! into >a" o
&on5li&t" >.i&. t.!y .a/! no !a"on 5o in/ol/!'!nt; b$t
al"o 'ak!" t.! P.ili((in!" a l!*iti'at! ta*!t 5o atta&k o5
t.! 'any !n!'i!" o5 t.! Unit!# Stat!"%
,,1. !rticle I? of the 64C! provides as follo9s.
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Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
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Ati&l! IV
EQUIPMENT; SUPPLIES; AND MATERIAL
H. /he Philippines here3y authorizes "nited tates forces,
through 3ilateral security mechanisms, such as the %4B and
6B, to preposition and store defense e5uipment, supplies,
and materiel 7:prepositioned materiel;8, including, 3ut not
limited to, humanitarian assistance and disaster relief
e5uipment, supplies, and material, at !greed <ocations.
"nited tates forces shall notify the !BP in advance
regarding the 5uantities and delivery schedules of defense
e5uipment, supplies, and materiel that "nited tates forces
intend to preposition in !greed <ocations, as 9ell as 9ho 9ill
ma=e such deliveries
x x x
F. /he prepositioned material of "nited tates forces shall
3e for the exclusive use of "nited tates forces, and full title to
all such e5uipment, supplies, and material remains 9ith the
"nited tates. "nited tates forces shall have control over the
access to and disposition of such prepositioned materiel and
shall have the unencum3ered right to remove such
prepositioned material at any time from the territory of the
Philippines.
x x x
J. "nited tates forces and "nited tates contractors shall
have unimpeded access to !greed <ocations for all matters
relating to the prepositioning and storage of defense
e5uipment, supplies, and materiel, including delivery,
management, inspection, use, maintenance, and removal of
such e5uipment, supplies and material.
x x x
,,0. /he :prepositioning of e)uipment% supplies and materiel; means
that the " 9ill stoc=pile 9eapons, ammunition, supplies and
other materiel that its ships, planes and troops 9ill use a3road
9hen needed or in case of 9ar.
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Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
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,(+. In " lexicon, :(!(o"ition!# 'at!i!l; means military
stoc=piles. In a " @eneral !ccounting $ffice 7@!$8 Report,
prepositioned materiel is meant,
(0
:/he ".. military stores, or (!(o"ition", reserves of military
e5uipment and supplies near potential conflict areas to ensure
that the material 9ould 3e 2$i&kly a/ailabl! to forces in t.!
!/!nt o5 a &i"i"% 4uring a crisis, prepositioning 9ould speed
".. response times 3ecause only the troops and a relatively
small amount of materiel 9ould need to 3e 3rought 3y air to the
conflict area.;
,(,. %ean9hile, the " 4epartment of 4efense %ilitary 4ictionary
defines materiel as,
F+
MATERIEL - !ll items 7including ships, tan=s, self-propelled
9eapons, aircraft, etc., and related spares, repair parts, and
support e5uipment, 3ut excluding real property, installations, and
utilities8 necessary to e5uip, operate, maintain, and support
military activities >it.o$t #i"tin&tion a" to it" a((li&ation 5o
a#'ini"tati/! o &o'bat ($(o"!"%
,((. /he 64C! clearly aims to allo9 the " a for9ard 3ase for the
prepositioning of its troops, 9eapons and other 9ar materiel as
provided for under its !rticle I?, Paragraph (.
.he !arties share recognition of the benefits that such
prepositioning could have for humanitarian assistance and
disaster relief. .he !arties also recogni5e the value of
such prepositioning to the enhance#ent of their
indi!idual and collecti!e defense capabilities.
,(F. /he Philippine and " authorities inserted in !rticle I?,
Paragraph ( of the 64C! :humanitarian assistance and
disaster relief; 9hen it is merely a motherhood statement on the
storage of relief goods, 9hich the country could store any9ay
even 9ithout any military agreement. It is the second sentence,
ho9ever, that is the main purpose of !rticle I?, Paragraph ( of
the 64C!Qthat the US &an "to! >!a(on"; a''$nition an#
ot.! >a 'at!i!l an# !2$i('!nt in t.! a*!!# lo&ation"
on t.! *o$n# t.at it i" int!n#!# to @!n.an&!? it" #!5!n"!
&a(ability%
29
@!$M#I!4-00-J !rmy and !ir Borce Prepositioning,
http.MM999.gao.govMassetsM,J+M,HJF1F.pdf
30
http.MM999.dtic.milMdoctrineMne9Opu3sMDp,O+(.pdf
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Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
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,(). /he 64C! does not prohi3it the use of these prepositioned
armaments in covert or overt military operations in the
Philippines or a3road. In fact, !rticle III, ec. , of the 64C!
allo9s for the deployment of materiel from the agreed locations.
!greed locations can 3e the staging ground for the deployment
of ships, tan=s, and even missiles.
,(H. /he 64C!>s references to Humanitarian !ssistance and
4isaster Response 7H!4R8 are mere place3os designed to
sidetrac= the issue of the real purpose of prepositioned
materiel. /he concept of prepositioned materiel as the
!mericans use it does not even contemplate H!4R.
,(J. Humanitarian assistance is not a necessary or integral part of
military agreements. $ther countries in fact provide the
Philippines 9ith H!4R 3ut do not see= military agreements.
,(2. /he activity :deploying forces and #ateriel; includes the
launching of military drones 9hich have 3ecome not Dust
surveillance planes, 3ut deadly offensive 9eapons. /his means
that the Philippines can 3ecome a launching pad for covert or
overt military operations a3road such as those underta=en in
many other 9ars that the " is involved in.
,(1. /he enemies of the " can also consider as an act of 9ar on
the part of the Philippines, even the mere refueling of "
planes here 3efore they attac= their targets a3road. /his not
only drags the Bilipino People into 9ars or conflicts 9hich they
have no reason for involvement, 3ut it also ma=es the
Philippines a legitimate target for attac= of the many enemies of
the "nited tates. /he Philippine government, 3y allo9ing the
insertion of these activities, has practically placed the country
and the Bilipino People in danger.
,(0. !merican contractors have nearly e5ual status as " forces in
terms of unimpeded access to facilities. "nited tates forces
may contract for the delivery of any materiel, supplies,
e5uipment, and the underta=ing of services including
construction in the territory of the Philippines >it.o$t
!"ti&tion a" to &.oi&! o5 &onta&to; "$((li!; o (!"on%
S$&. contracts are solicited, a9arded, administered in
a&&o#an&! >it. t.! la>" an# !*$lation" o5 t.! Unit!#
Stat!"%
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Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
,F+. /he 64C! gives preferential treatment to " Contractors.
Ho9ever, these contractors are not only used for supplies and
the construction of facilities 3ut also for security 9or=.
,F,. /he 64C! is s9amped 9ith provisions on :" contractors; 9ho
are supposedly civilian corporations doing 9or= in the
Philippines. It allo9s activities of “contractors and vehicles%
vessels and aircraft operated by or for the #$ forces; 9hich do
not officially constitute part of the " forces. In fact, not only
#$ forces 9ill operate the vehicles and aircrafts 3ut yet
unidentified third parties could also operate them :for the #$.;
,F(. /he " is =no9n to hire contractors to distance themselves
from accounta3ility or lia3ility for illegal acts committed in their
foreign deployments. /here are reports that these contractors,
some identified as former Central Intelligence !gency 7CI!8
operatives and mercenaries previously employed in the "
!rmy, are employed to do illegal acts for the " such as
rendition, torture and other human rights violations.
,FF. /he Philippines has no say 9hen it comes to the entry of
notorious armed private contractors li=e Blac=9ater, or 9ar
profiteers li=e Halli3urton, or of the hiring of 3lac=listed firms li=e
@lenn4efense %arine.
,F). ?erily, the " forces> use of the territory of the Philippines as a
for9ard 3ase and station for troops and materiel contravene the
,012 Constitution on upholding #ational overeignty, /erritorial
Integrity, #ational Interest and the Right to elf-4etermination.
C. P!"i#!nt A2$ino !lib!at!ly an# ($(o"!ly !5$"!#
to "$b'it t.! EDCA to t.! S!nat! 5o &on&$!n&! a"
!2$i!# $n#! t.! Con"tit$tion t.!!by n!*atin* t.!
(o>! o5 t.! S!nat!%
,FH. /he 64C! is a 3asing agreement. It clearly involves the entry
of :foreign military 3ases, troops, and facilities;. !s such, the
64C! must comply 9ith the re5uirements under ection (H,
!rticle E?III of the Constitution, to 9it.
S!&tion DJ. !fter the expiration in ,00, of the
!greement 3et9een the Repu3lic of the Philippines
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and the "nited tates of !merica concerning
military 3ases, foreign military 3ases, troops, or
facilities shall not 3e allo9ed in the Philippines
except $n#! a t!aty #$ly &on&$!# in by t.!
S!nat! and, 9hen the Con*!"" "o !2$i!",
ratified 3y a maDority of the votes cast 3y the people
in a national referendum held for that purpose, and
!&o*ni3!# a" a t!aty by t.! ot.! &onta&tin*
Stat!%
,FJ. In Bayan v. Camora
F,
, the Court explicitly stated that at least
t9o-thirds 7(MF8 of the ()-mem3er enate, or not less than
sixteen 7,J8 mem3ers, must act favora3ly on the proposed
treaty.

,F2. !dditionally, 9hen Congress so re5uires, it must 3e ratified 3y a
maDority of the votes cast 3y the people in a national
referendum held for that purpose.
,F1. Records of the ,012 Constitutional Commission yields this
clarification.
%R. %!!%B$#@. %y second and last point is. If 9e go 3y se5uence in
this formulation, the first thing to do is for the President to enter into a
treatyC then that treaty 9ill go to the enateC then after it has 3een
concurred in 3y the enate, it goes to the people.
BR. B6R#!. /hat is correct.
%R. %!!%B$#@. Aould it 3e a referendum or a ple3isciteV
BR. B6R#!. It 9ould 3e a referendum.
%R. %!!%B$#@. Aould that 3e the se5uenceV
BR. B6R#!. 'es.
%R. %!!%B$#@. !nd after that, does it go to the other partyV
BR. B6R#!. It goes to the other party. !s far as the action of the other
party is concerned, they could ratify it even 3efore the referendum. But if
our referendum reDects it, then there is no treaty. In other 9ords, 9hen the
executive department enters into negotiations 9ith the other contracting
nation or contracting state, 9e 9ould have to say that under our la9 for
this purpose, these are the re5uirements. o they 9ould have to 3e
prepared to accept that. Hence, even 3efore our people could ratify it, the
other party could ratify it ahead, 3ut for as long as our people have not
ratified it, it does not 3ind us. imilarly, our people could ratify it ahead of
31
Supra.
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Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
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the "nited tates enate, for example, 3ut for as long as it is not accepted
3y the "nited tates enate, it does not 3ind us.;
,F0. Ahat is the treaty, then, that is contemplated 3y the
ConstitutionV ! treaty, as defined 3y the ?ienna Convention on
the <a9 of /reaties, is :an international instrument concluded
3et9een tates in 9ritten form and governed 3y international
la9, 9hether em3odied in a single instrument or in t9o or more
related instruments, and 9hatever its particular designation.;
F(
/here are many other terms used for a treaty or international
agreement, li=e. act, protocol, agreement, compromis d1
arbitrage% concordat, convention, declaration, exchange of
notes, pact, statute, charter and modus vivendi. But the same
Convention 3rushes aside the use of differing terms, stating the
a3ove-cited provision is :9ithout preDudice to the use of those
terms, or to the meanings 9hich may 3e given to them in the
internal la9 of the tate.;
,)+. In our Durisdiction, agreements on troops deployment have
al9ays 3een considered treaties 9hich re5uire presidential
ratification and enate concurrence.
FF
,),. Ho9ever, in refusing to su3mit the 64C! to the enate for its
concurrence and ratification as re5uired under the Constitution,
President !5uino has violated ection (H, !rticle E?III of the
Constitution.
,)(. President !5uino never intended to su3mit the 64C! for
enate concurrence. !s early as the start of the negotiations in
!ugust (+,F, the Philippine negotiating panel, acting under
instructions from President !5uino 9as peddling the notion that
32
?ienna Convention, !rticle (.
FF
*. 6duardo %alaya and %aria !ntonina %endoza-$3lena, Philippine /reaty <a9
and Practice, Integrated Bar of the Philippines *ournal, FH. ,, !ugust (+,+, pp. , P ,2.
/hey enumerate the treaties 9hich re5uire enate concurrence.
a8 tatus of forces agreementM?isiting forces agreement
38 Comprehensive free trade agreementMeconomic partnership agreement, 9hich go
3eyond 9hat the President is allo9ed to underta=e unilaterally under !rticle ?I,
ection (17(8 of the Constitution and the Customs and /ariff Code
c8 !greement on the avoidance of dou3le taxation, since tax exemptions can 3e
made only under the authority of Congress
d8 !greement 9hich esta3lishes the head5uarters of an international organization,
9ith concomitant grant of immunities to the organization and its officials and staff
e8 !greement on the transfer of sentenced persons, since the exercise of criminal
Durisdiction is 3ased on the territoriality principleC and
f8 $ther agreements, :especially multilateral conventions, involving political issues or
changes of national policy or involve international arrangements of a permanent
character,; pursuant to the Commission of Customs ruling.
43
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
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the agreement 9as merely an executive agreement that does
not re5uire enate concurrence.
,)F. /he negotiating panel, ta=ing instructions from President
!5uino, negotiated the 64C! under veils of secrecy, releasing
only motherhood statements on the 64C!>s supposed 3enefits
to the Philippines and asserting that it does not need enate
concurrence.
,)). ! copy of the text of the 64C! 9as only released to the pu3lic
on !pril (0, (+,), a day after it 9as signed 3y Philippine
4efense ecretary ?oltaire @azmin and " !m3assador to the
Philippines Philip @old3erg, and hours after the visit of "
President Barrac= $3ama.
,)H. /he secrecy 9ith 9hich the 64C! 9as negotiated and the
pu3lic statements issued 3y the executive 3ranch that the
64C! does not re5uire any enate concurrence disproves any
claim of good faith on the negotiation and eventual signing of
the 64C! 3et9een the Philippines and the ".
,)J. By stu33ornly insisting that the 64C! does not re5uire enate
concurrence, President !5uino arrogated unto himself the
po9er reserved for the enate 3y the Constitution as part of the
system of chec=s and 3alances in a democratic society.
II

P!"i#!nt AQUINO &o''itt!# BETRA,AL OF PUBLIC
TRUST >.!n .!A
A% Ent!!# into t.! EDCA >.i&. i" (!B$#i&ial to
t.! national int!!"t an# *o""ly lo("i#!# in
5a/o o5 t.! Unit!# Stat!" o5 A'!i&a by
*antin* US 'ilitay 5o&!" an# &onta&to"
$ni'(!#!# a&&!"" an# $"! o5 P.ili((in! 'ilitay
an# &i/ilian 5a&iliti!"; lan#"; (ot"; ai5i!l#"; an#
a#io "(!&t$' t.at >ill !/!t to t.! P.ili((in!"
only a5t! t.!y a! no lon*! $"!5$l to t.! US
5o&!"; an# 5$t.! 'akin* "$&. $ni'(!#!#
a&&!"" an# $"! 5!! o5 !nt; ta0 an# ot.!
*o/!n'!nt &.a*!")

44
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
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,)2. B!tayal o5 P$bli& T$"t covers any violation of the oath of
office 9hich involves loss of popular support, even if the
violation may not amount to a punisha3le offense.R
F)

,)1. In the case of on5ales v. @ffice of the !resident
FH
% the
upreme Court held that 3etrayal of pu3lic trust refers to “acts
-hich are 2ust short of being criminal but constitute gross
faithlessness against public trust% tyrannical abuse of po-er%
ine&cusable negligence of duty% favoritism% and gross e&ercise
of discretionary po-ers.” Ahile not amounting to indicta3le
offenses, such acts demonstrate the pu3lic officer>s repugnance
to comply 9ith his or her oath of office.

,)0. !s a ground for impeachment, 3etrayal of pu3lic trust is
“deemed broad enough to cover any violation of the oath of
office%”
FJ
. It is tempered only 3y the invocation 7and in this case,
undenia3le proof8 of :human error and good faith.;
F2
,H+. In 3roader terms, :3etrayal of pu3lic trust; encompasses :all
acts 9hich are not punisha3le 3y statutes as penal offenses
3ut, nonetheless, render the officer unfit to continue in office. It
includes 3etrayal of pu3lic interest, inexcusa3le negligence of
duty, tyrannical a3use of po9er, 3reach of official duty 3y
malfeasance or misfeasance, cronyism, favoritism, etc. to the
preDudice of pu3lic interest and 9hich tend to 3ring the office
into disrepute.;
F1
In !nt!in* into t.! EDCA; P!"i#!nt
A2$ino .a" allo>!# t.! $"! o5
34
4e <eon, !hilippine Constitutional La-, ,000, Rex Printing Company, Inc., p.2H2
35
@.R. #o. ,0J(F,, eptem3er ), (+,(
36
Record of the Constitutional Commission, ?olume II, page (2( 7*uly (J, ,01J8.
%R. R6@!<!4$. W/Xhis is 9ith respect to ection (, on the grounds for
impeachment, and I 5uote.
:Yculpa3le violation of the Constitution, treason, 3ri3ery, other high crimes, graft and
corruption or 3etrayal of pu3lic trust.;
*ust for the record, 9hat 9ould the Committee envision as a 3etrayal of the pu3lic
trust 9hich is not other9ise covered 3y the other terms antecedent theretoV
%R. R$%"<$. I thin=, if I may spea= for the Committee and su3Dect to further
comments of Commissioner de los Reyes Wthe proponent of the addition of 3etrayal
of pu3lic trust as a groundX, t.! &on&!(t i" t.at t.i" i" a &at&.1all (.a"!% R!ally;
it !5!" to .i" oat. o5 o55i&!; in t.! !n# t.at t.! i#!a o5 a ($bli& t$"t i"
&onn!&t!# >it. t.! oat. o5 o55i&! o5 t.! o55i&!; an# i5 .! /iolat!" t.at oat. o5
o55i&!; t.!n .! .a" b!tay!# t.at t$"t%
37
on5ales v. @ffice of the !resident, supra.
38
6xplanation of the concept of :3etrayal of pu3lic trust; 3y Commissioner 4e los
Reyes, Record of the Constitutional Commission, ?olume II, page (2( 7*uly (J, ,01J8.
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P.ili((in! !al (o(!ty; ($bli& o
(i/at!; by US 5o&!" >it.o$t !nt%
111111111111111111111111111111111111111111111111111111
,H,. Paragraph F of !rticle III on !greed <ocations provides that :the
Philippines shall ma=e !greed <ocations availa3le to the "nited
tates forces >it.o$t !ntal or similar costs.; /his is shoc=ing
and exceeds the 3ounds of reason.
,H(. By entering into the 64C!, President !5uino has surrendered
limitless portions of Philippine land all over the country for so-
called agreed locations in exchange for nothing, not even a
paltry sum.
,HF. Ironically, despite the rent-free use 3y the " forces of the
!greed <ocations, the Philippines may even compensate them
for the :improvements or construction; made on the !greed
<ocations.
F0
P!"i#!nt A2$ino .a" al"o *i/!n $(
t.! i*.t o5 o$ &o$nty to ta0 an#
&.a*! t.! US 5o t.! $"! o5 o$
($bli& $tiliti!" an# a#io "(!&t$'%
111111111111111111111111111111111111111111111111111111
,H). President !5uino>s government has also yield to " forces and
personnel and " contractors under the 64C! the use of our
pu3lic utilities 9ithout taxes and fees and of radio spectrum for
free, thus.
:!rticle ?II
"tilities and Communications
1. T.! P.ili((in!" .!!by *ant" to Unit!# Stat!"
5o&!" an# Unit!# Stat!" &onta&to" t.! $"! o5 >at!;
!l!&ti&ity; an# ot.! ($bli& $tiliti!" on terms and
conditions, including rates or charges, no less favora3le
than those availa3le to the !BP or the @overnment of the
39
Id., Art. V (2)
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Philippines in li=e circumstances, l!"" &.a*!" 5o ta0!"
an# "i'ila 5!!"; >.i&. >ill b! 5o t.! a&&o$nt o5 t.!
P.ili((in! Go/!n'!nt. "nited tates forces> costs
shall 3e e5ual to their pro rata share of the use of such
utilities.
2. /he Parties recognize that it may 3e necessary for
"nited tates forces to use the radio spectrum. T.!
P.ili((in!" a$t.oi3!" t.! Unit!# Stat!" to o(!at! it"
o>n t!l!&o''$ni&ation "y"t!'" 7as
telecommunication is defined in the ,00, Constitution and
Convention of the International /elecommunication "nion
W:I/";X8. /his shall include the right to utilize such means
and services as re5uired to ensure the full a3ility to
operate telecommunication systems, and the right to use
all necessary radio spectrum allocated for this purpose.
Consistent 9ith the ,00( Constitution and Convention of
the I/", "nited tates forces shall not interfere 9ith
fre5uencies in use 3y local operators. U"! o5 t.! a#io
"(!&t$' ".all b! 5!! o5 &o"t to t.! Unit!# Stat!".;
,HH. /he a3ove 64C! provisions plainly treats " forces and
contractors as more privileged than and discriminates against
ordinary Bilipino citizens or corporations, as the former 9ill pay
less and 9ill not 3e charged 9ith taxes and fees in the use of
9ater, electricity and other pu3lic utilities. In fact, the taxes for
the use of Philippine facilities 9ill 3e paid under the account of
the Philippine government. It 9ould 3e President !5uino>s
government that 9ill su3sidize the taxes of the " forces and
their private contractors, including the multi-3illion dollar
companies that are part of the " military industrial complex.
#o other private company in the Philippines enDoys this
privilege at the moment.
,HJ. 6ven the use of radio spectrum is given a9ay to the " 7not
merely to " forces and contractors8 for free. #ot only are
these 64C! provisions inimical to our national interest, more
importantly, they violate the follo9ing constitutional provisions.
ection (1. 7,8 /he rule of taxation shall 3e uniform
and e5uita3le. Exxx
ection (1. 7)8 #o la9 granting any tax exemption
shall 3e passed 9ithout the concurrence of a
maDority of all the %em3ers of the Congress.
47
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
,H2. /o reiterate, President !5uino>s government gives " forces
and " contractors favored treatment, unli=e ordinary Bilipinos
or corporations, 3ecause they are not charged under the 64C!
9ith payment of taxes and fees in the use of 9ater, electricity
and other pu3lic utilities in our o9n land. /his is no dou3t a
violation of the e5ual protection clause.
P!"i#!nt A2$ino .a" &l!aly ".o>n
"$b'i""i/!n!"" to t.! US >.i'" by
*antin* it" 5o&!" t.! o(tion to
&.oo"! t.! &onta&to; "$((li!; o
(!"on >.o >ill (o/i#! t.! 'at!i!l;
"$((li!"; !2$i('!nt; o "!/i&!" in
a*!!# lo&ation" an# a&ti/iti!" in
a&&o#an&! >it. t.! la>" an#
!*$lation" o5 t.! US.
111111111111111111111111111111111111111111111111111111
,H1. !rticle ?III of the 64C! on Contracting Procedures further
provides that.
:,. "nited tates forces may contract for any
materiel, supplies, e5uipment, and services
7including construction8 to 3e furnished or
underta=en in the territory of the Philippines >it.o$t
!"ti&tion a" to &.oi&! o5 &onta&to, "$((li!;
o (!"on >.o (o/i#!" "$&. 'at!i!l; "$((li!";
!2$i('!nt; o "!/i&!". uch contracts shall 3e
solicited, a9arded, and administered in
a&&o#an&! >it. t.! la>" an# !*$lation" o5 t.!
Unit!" Stat!".;
,H0. In relation thereto, !rticle II, paragraph F of the 64C! defines
"nited tates contractors as :companies and firms% and their
employees% under contract or subcontract to or on behalf of the
#nited $tates *epartment of *efense.; /hese so-called "
contractors are :not included as part of the definition of "nited
tates personnel; in the 64C!.
,J+. It 3ears stressing that under the 64C!, the " is vested 9ith
the sole and plenary po9er to choose the contractor. /he
Philippines has no say at all, much less to refuse the entry into
our country of notorious " private military contractors that
reportedly have served as mercenaries of the " forces, 9hich
48
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
President !5uino>s government =no9s or should have =no9n.
It has 3een reported that these private military contractors are
employed to carry out illegal or criminal acts for the ",
including torture, rendition and other human rights violations.
/his 9ay, they say, the " is a3le to extricate its forces from
direct lia3ility.
,J,. !n example of these infamous private military contractors
7P%Cs8 is 4ynCorp International 9hich has 3een in the
Philippines since (++( :fencing off a facility of the *oint pecial
$perations /as= Borce-Philippines 7*$/B-P8 9ithin the 6d9in
!ndre9s !ir Base in Lam3oanga City,;
)+
denying access
thereto even to Bilipino camp commanders, as revealed 3y the
military 9histle3lo9er, former #avy <t. enior @rade %ary
#ancy @adian 9ho had many direct dealings 9ith " troops in
%indanao and 9ho exposed the various offenses committed 3y
" troops in the Philippines.
,J(. /he article referred to in the immediately preceding paragraph
adverted to conservative !merican Dournalist /uc=er Carlson
9ho 9rote in 0s)uire in %arch (++), descri3ing 4ynCorp as :an
!merican firm that specializes in high-ris= contract 9or= for the
Pentagon and the tate 4epartment.; He further 9rote.
:Pic= an unsafe country and 4ynCorp is li=ely to 3e there.
In !fghanistan, 4ynCorp 3odyguards protect Hamid
&arzai, the most imperiled president on earth. In
Colom3ia, 4ynCorp pilots fly coca-=illing crop dusters
slo9 and lo9 over drug plantations, an integral part of
Aashington>s Plan Colom3ia. 4ynCorp is in &osovo,
Israel 7three of its employees 9ere 3lo9n up and =illed in
@aza last year8, 6ast /imor, araDevo, audi !ra3ia, t.!
P.ili((in!", <i3eria, and many other s=etchy places. <ast
spring, 4ynCorp P along 9ith &roll Inc. and as many as
t9enty other large private security companies, and
perhaps dozens of smaller ones, employing tens of
thousands of individual contractors P came to Ira5.;
,JF. In (++2, at the Permanent People>s /ri3unal 7PP/8 ession on
Colom3ia, 4ynCorp 9as indicted for its various human rights
violations and crimes in Colom3ia, as 9ell as other offenses
committed in #icaragua, Bosnia, Haiti, Ira5, and !fghanistan.
40
Brom an article, “(hat1s a Aotorious #$ Military Contractor *oing /nside the
A"!1s Camp in CamboangaD” 3y !lexander %artin Remollino, Bulatlat.com, eptem3er
,(, (++0.
49
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
/he indictment, prepared 3y the *osZ !lvear Restrepo <a9yers>
Collective, read.
:Its presence in countries receiving " military assistance
7either in lo9-intensity situations or in settings involving open
" intervention8 have produced important scandals, directly
implicating the enterprise in the commission of crimes and
human rights violations.
:Bor instance, in the ,01+s the enterprise 9as implicated in the
Iran-Contra scandal. In the ,00+s, the enterprise 3ecame a
fundamental component for the " intervention of Haiti. <astly,
4ynCorp mem3ers in Bosnia 9ere involved in the sexual
traffic=ing of minors, 3ut due to their immunity no one 9as ever
tried 3efore any court in the 9orld.;
),
,J). In the 3oo= $hado- "orceE !rivate $ecurity Contractors in /ra)
3y 4avid Isen3erg
)(
, 4ynCorp 9as depicted as.
:!n account from the actor ean Penn, in descri3ing a trip
he made to Baghdad, demonstrates ho9 hyper3olic the
discussion of P%Cs can 3e.
!s the rifle concussion vi3rates through my head, so does
the name 4ynCorp. I>ve since done a little research, and
here>s 9hat I found. 4ynCorp is a u3i5uitous presence in
Baghdad. ! P%C, or private military corporation,
4ynCorp 9as started in the late T)+s and given a 3ig
recruiting 3oost 3y the post-Church Commission firings of
thousands of CI! operatives 3y President Carter in the
late T2+s.
P%Cs, and there are many of them, tend to 3e staffed
and directed 3y retired generals, CI! officers,
counterterrorism professionals, retires pecial !ir ervice
men, pecial Borces guys and so on. 4ynCorp is a
su3sidiary of the 3enignly named Computer ciences
Corporation. DynCo( 5o&!" a! '!&!nai!". /heir
com3ats have included covert actions for the CI! in
Colom3ia, Peru, &osovo, !l3ania and !fghanistan.;
,JH. !nother disreputa3le P%C is Blac=9ater "! 9hich 9as re-
named Aorld9ide in (++2, Ee ervices in (++0,
and !cademi in (+,,, due to scandals over mis3ehavior 3y its
41
/bid.
42
Pu3lished 3y Praeger, 4ecem3er F+, (++1
50
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
employees in Ira5. It 9as founded 3y former #avy 6!< and
fundamentalist Christian 6ri= Prince.
)F
,JJ. Blac=9ater 9as sued under the !lien /ort Claims !ct on 3ehalf
of an inDured Ira5i and the families of three of ,2 Ira5is =illed 3y
Blac=9ater employees during the eptem3er ,J,
(++2, Blac=9ater Baghdad shootings.
))
,J2. In !ugust (+,(, the company agreed to pay [2.H million in
fines, 9ithout admitting guilt, to the " government to settle
various charges. %ost of the charges 9ere dropped in
Be3ruary (+,F 9hen it 9as revealed that t.! !'(loy!!" >!!
a&tin* $n#! t.! o#!" o5 t.! US *o/!n'!nt.
)H
,J1. 6ven in the recent "=rainian crisis, Russian #e9s !gency has
reported that TRmercenariesR from @reystone, <td., a contractor
formally affiliated 9ith !cademi, 9ere disguising themselves as
"=rainian troops>Y T?ideos that sho9ed 9hat 9as descri3ed
as Rheavily armed troopsR composed of Blac=9ater and
@reystone employees surfaced online in the 9ee=s prior to the
allegations.>
)J

,J0. /hus, in granting to the ", under the 64C!, the un3ridled
authority to select its contractors, President !5uino himself is
exposing the safety and security of the Bilipino people, 9hom
he considers his 3oss, to unimagina3le danger. Consider this.
despite 4ynCorp>s notoriety 9orld9ide, " still a9arded it a
contract modification /al$!# at KLL%G 'illion; $n#! a
(!/io$"ly a>a#!# Na/al Fa&iliti!" En*in!!in*
Co''an#1Pa&i5i& &onta&t to (o/i#! o(!ation" "$((ot
"!/i&!" >it.in t.! R!($bli& o5 t.! P.ili((in!"%
)2
,2+. /he primer on 64C!, released 3y President !5uino>s
government prior to its signing, stated that :the !greement 9ill
further 3enefit the Philippines economically through the
provision of Bob" an# ot.! !&ono'i& o((ot$niti!" in the
construction activities in the !greed <ocations and procurement
of local goods and supplies 3y the " military and personnel.;
/his is a pure lie.
43
http.MM999.nnd3.comMcompanyM)J(M+++,+H,)2M
44
http.MMen.9i=ipedia.orgM9i=iMBlac=9aterOAorld9ide
45
/bid.
46
/bid.
47
Phil. 4efense Borces Borum at
http.MMsF.zeta3oards.comM4efenseOPhilippinesMtopicM2JF2+)JM,M
51
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
,2,. #othing in the afore-5uoted 64C! provision indicates that
(ioity ".all 3e given to Bilipinos in terms of Do3s and in the
contracting of supplies, e5uipment or services for the
construction of " facilities here. /he follo9ing 3ear this out.
171.1. " forces have :no restriction as to choice of contractor,
supplier, or person 9ho provides such materiel, supplies,
e5uipment, or services; in accordance 9ith the la9s and
regulations of the ".
171.2. :"nited tates forces shall; %6R6<' :"ti/! to use
Philippine suppliers of goods, products, and services to the
greater extent practica3le in accordance 9ith the la9s and
regulations of the "nited tates.; 7!rticle ?III, par. (8
,2(. Hence, contrary to the lies peddled 3y President !5uino>s
government, there is no commitment from the " government
that it 9ould use Philippine suppliers of goods, products and
services in the construction and other activities in !greed
<ocations. %oreover, in case the " decides to get the goods,
products and services from Philippine suppliers, the la9s and
regulations of the " shall apply. #ot to mention that President
!5uino has 9ittingly agreed to deprive Philippine suppliers the
same tax-free and charges-free privilege given to "
contractors or suppliers.
,2F. Clearly, President !5uino merely made-up the promised Do3s
and other economic opportunities to deceive the Bilipino people
into 3elieving in the supposed 3enefits of the 64C!.
T.! $n#!lyin* ($(o"!" o5 t.!
EDCA !/!al t.at it i" not 5o t.!
int!!"t o5 t.! Fili(ino (!o(l!%
111111111111111111111111111111111111111111111111111111
,2). /he real motive 3ehind the 64C! is revealed in the "nited
tates 4epartment of 4efense>s document entitled :$ustaining
#.$. lobal LeadershipE !riorities for '6
st
Century *efense;
dated *anuary (+,(, 9hich states in part.
:U%S% !&ono'i& an# "!&$ity int!!"t" are
inextrica3ly lin=ed to developments in the arc
52
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
extending from the Aestern Pacific and 6ast !sia
into the Indian $cean region and outh !sia,
creating a mix of evolving challenges and
opportunities. !ccordingly, 9hile the ".. military
9ill continue to contri3ute to security glo3ally, >!
>ill o5 n!&!""ity !balan&! to>a# t.! A"ia1
Pa&i5i& !*ion?.
,2H. President !5uino must =no9 or should have =no9n that the
64C! does not serve and promote our national interest.
Rather, it 9as hatched to protect US !&ono'i& an# "!&$ity
int!!"t" and maintain " glo3al po9er proDection and military
superiority at a lo9er cost, thus.
:Ahenever possi3le, 9e 9ill develop inno/ati/!;
lo>1&o"t; an# "'all15oot(int a((oa&.!" to
achieve our security o3Dectives, relying on
!0!&i"!"; otational (!"!n&!; an# a#/i"oy
&a(abiliti!"%?
,2J. Parenthetically, the " is mandated 3y its Budget Control !ct
of (+,, to reduce its federal spending 9hich includes expenses
for defense.
,22. /hus, the rent-free and taxesMfees-free provisions in favor of "
forces and " contractors as agreed upon 3y President
!5uino>s government are meant to carry out " 3udget cut
re5uirements at the expense of the Bilipino people.
B% Violat!# .i" oat. o5 o55i&! to 5ait.5$lly an#
&on"&i!ntio$"ly 5$l5ill .i" #$ti!" an# (!"!/!
an# #!5!n# t.! Con"tit$tion by !nt!in* into t.!
EDCA >.i&. /iolat!" t.! &on"tit$tional
(o/i"ion" on t.! (ot!&tion o5 t.! !n/ion'!nt;
t.! Labo Co#!; t.! National Int!nal R!/!n$!
Co#! an# t.! Lo&al Go/!n'!nt Co#!%
,21. Prior to assuming his duties as President of the country,
President !5uino too= the follo9ing oath.
“A3o si Benigno A)uino ///. Matimtim 3ong
pinanunumpaan na tutuparin 3o nang buong
3atapatan at sigasig ang a3ing mga tung3ulin bilang
!angulo ng !ilipinas% pangangalagaan at
53
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
ipagtatanggol ang 3anyang Fonstitusyon%
ipatutupad ang mga batas nito% magiging
ma3atarungan sa ba-at tao% at itatalaga ang a3ing
sarili sa pagliling3od sa Bansa. Fasihan na-a a3o
ng *iyos.”
,20. !s President, it is incum3ent upon respondent !Q"I#$ to
faithfully honor, respect, and execute the la9 and :at the very
least he is 3ound not to violate the la9C not to order others to
violate the la9C and not to participate in the concealment of
evidence respecting violations of la9 of 9hich he is made
a9are.;
)1
,1+. In 9illingly entering into the 64C!, President !5uino not only
violated the Constitution 3y usurping the treaty-ma=ing po9er of
the enate 9ith respect to foreign military 3ases, troops or
facilities, he also violated his solemn oath to defend and
preserve the Constitution and faithfully execute the la9s of the
land.
,1,. ! scrutiny of the 64C! 9ill readily sho9 that it is replete 9ith
provisions violating various provisions of the Constitution and
different la9s of the land.
T.! EDCA Violat!"
Con"tit$tional Po/i"ion" on
Ta0ation an# t.! National
Int!nal R!/!n$! Co#!%
,1(. !s discussed a3ove, !rticle ?II of the 64C! exempts the "
forces and " contractors from taxes in the use of 9ater,
electricity and other pu3lic utilities in our country in violation of
our tax la9s.
,1F. !s the 64C! itself 9as not su3mitted to the enate to o3tain its
concurrence thereto, such tax exemption granted to " forces
and " contractors accordingly does not 3ear the consent of
48
! 5uote from Hamilton Bish, *r., a Repu3lican, 9ho served as a
Representative from #e9 'or= from ,0J0-,00). In ,02), as a mem3er of the
*udiciary Committee, he held a s9ing vote on the panel as it considered
impeaching then " President Richard #ixon, at
http.MM999.nysl.nysed.govMmsscfaMsc(,,)0a.htm last accessed on *uly ,), (+,).
54
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
Congress, in patent violation of !rticle ?I, ection (1 7)8 of our
Constitution 9hich re5uires that.
:Ao la- granting any ta& e&emption shall be passed
-ithout the concurrence of a ma2ority of all the
members of Congress.”
,1). " forces and " contractors do not even fall under those
granted tax exemptions 3y the follo9ing constitutional
provisions.
Article 4/% $ec. ';. G G G
+7, Charitable institutions% churches% personages or
convents appurtenant thereto% mos)ues% non?profit
cemeteries% and all lands% buildings% and
improvements% actually% directly% and e&clusively
used for religious% charitable% or educational
purposes shall be e&empt from ta&ation.
Article G/4% $ec. 4. G G G
+7, All revenues and assets of non?stoc3% non?profit
educational institutions used actually% directly and
e&clusively for educational purposes shall be
e&empt from ta&es and duties.......
!roprietary educational institutions% including those
cooperatively o-ned may li3e-ise be entitled to
such e&emptions sub2ect to the limitation provided
by la- including restrictions on dividends and
provisions for investment.
+4, $ub2ect to conditions prescribed by la-% all
grants% endo-ments% or contributions used actually%
directly and e&clusively for educational purposes
shall be e&empt from ta&.
,1H. #either are they among the organizations listed in ection F+ of
the #ational Internal Revenue Code as exempt from income
tax.
55
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
,1J. 6ven Batas Pam3ansa Blg. FJ or !n !ct Imposing an 6nergy
/ax on 6lectric Po9er Consumption
)0
does not provide for any
exemption to any person or organization from said tax.
,12. <i=e9ise, !rticle (1F of the Implementing Rules and
Regulations of the <ocal @overnment Code, grants tax
exemptions only to the follo9ing. local 9ater utilitiesC
cooperatives duly registered under R.!. J0F1C non-stoc= non-
profit hospitals and educational institutionsC 3usiness
enterprises certified 3y the Board of Investments as pioneer or
non-pioneer for a period of six or four years, respectively from
the date of registrationC 3usiness entities, associations or
cooperatives registered under R.!. J,1+C and printerMpu3lisher
of 3oo=s or other reading materials certified 3y 46C as school
texts or references, insofar as receipts for printing andMor
pu3lishing thereof are concerned.
,11. Considering the a3sence of any constitutional provision or any
tax la9s authorizing the grant of tax exemption to " forces
and " contractors in the use of 9ater, electricity and other
pu3lic utilities in our country, such exemption cannot 3e granted
3y mere executive fiat or in merely entering into an international
3ilateral agreement 9ithout offending our Constitution.
,10. It should 3e recalled that the ?isiting Borces !greement granted
tax exemption on certain items and transactions to " forces.
But it must 3e pointed out that the ?B! did not exempt them
from the imposition of tax on their use of pu3lic utilities. /his
tax-free use of pu3lic utilities is, therefore, ne9 in the 64C!.
Burthermore, " contractors 9ere not given this preferential tax
treatment under the ?B!.
T.! EDCA Violat!" t.! Con"tit$tional
Po/i"ion" on Labo an# Po/i"ion"
o5 t.! Labo Co#! 5o t.! Pot!&tion
o5 6ok!"%
111111111111111111111111111111111111111111111111111111
,0+. !rticle ?III 7,8 of the 64C! provides.
Article 4///. C@A.RAC./A !R@C0*#R0$
49
eptem3er 2, ,020
56
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
6. #nited $tates forces may contract for any
materiel% supplies% e)uipment% and services
+including construction, to be furnished or
underta3en in the territory of the
!hilippines -ithout restriction as to choice
of contractor% supplier% or person -ho
provides such materiel% supplies%
e)uipment% or services. $uch contracts
shall be solicited a-arded% administered in
accordance -ith the la-s and regulations
of the #nited $tates.
,0,. $n the other hand, !rticle EI provides.
Article G/. R0$@L#./@A @" */$!#.0$
.he !arties agree to resolve any dispute arising
under this Agreement e&clusively through
consultation bet-een the !arties. *isputes and
other matters sub2ect to consultation under this
Agreement shall not be referred to any national or
international court% tribunal% or other similar body%
or to any third party for settlement% unless
other-ise agreed by the !arties.
,0(. /he a3ove-5uoted provisions are contrary to the letter and spirit
of various provisions of the Constitution, namely.
Article //. *eclaration of !rinciple and $tate !olicies
$ec. <. .he $tate shall promote a 2ust and dynamic
social order that -ill ensure the prosperity and
independence of the nation and free the people
from poverty through policies that provide ade)uate
social services% pro#ote full e#ploy#ent% a rising
standard of living% and an improved )uality of life.
+emphasis supplied,
$ec. 6>. .he $tate shall promote social 2ustice in all
phases of national development.
$ec. 6;. .he $tate affirms labor as a primary social
economic force. /t shall protect the rights of -or3ers
and promote their -elfare.
Article ///. Bill of Rights
57
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
$ec. ;. .he right of the people% including those
employed in the public and private sectors% to form
unions% associations% or societies for purposes not
contrary to la- shall not be abridged.
,0F. /he a3ove-stated provisions of the Constitution are une5uivocal
in their 3ias for the protection of la3or. /he Constitution not only
recognizes the contri3ution of la3or to society 3ut guarantees
as 9ell the economic and the political rights of the 9or=ers.
,0). "nder !rticle ?III of the 64C!, the "nited tates may enter into
contracts for services 7including construction8 P thus, involving
matters 9ith direct relation to la3or and employment P 9hich
are to 3e “solicited% a-arded and administered” not in
accordance 9ith Philippine la9s 3ut that of the "nited tates.
,0H. /his privilege granted to the "nited tates contravenes the very
provisions of the Constitution designed for the protection of
la3or.
,0J. Aorse, any dispute arising under the 64C!, including disputes
arising out of contracts for services, :shall not be referred to
any national or international court% tribunal% or other similar
body% or to any third party for settlement% unless other-ise
agreed by the !arties.;
,02. "nder the 64C!, too, Bilipinos 9or=ing for " forces or "
contractors 9ho are aggrieved cannot see= recourse or
protection under our la9s, in violation of our Constitution and
the follo9ing provisions of the <a3or Code.
,01. !rticle F of the <a3or Code explicitly provides.
Article 7. *eclaration of Basic !olicy H .he
$tate shall afford full protection to labor%
promote full employment% ensure e)ual -or3
opportunities regardless of se&% race or creed
and regulate the relations bet-een -or3ers
and employers. .he $tate shall asssure the
rights of -or3ers to self?organi5ations%
collective bargaining% security of tenure% and
2ust and humane conditions of -or3.
Article 9. Applicability H All rights and benefits
granted to -or3ers under this Code shall%
58
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
e&cept as may other-ise be provided herein%
apply ali"e to all %or"ers, -hether
agricultural or non?agricultural. +0mphasis
supplied.,
,00. It 3ears reiterating that under the 64C!, all the rights
enumerated and guaranteed under the <a3or Code for the
enDoyment and protection of Bilipino 9or=ers 9ill 3e rendered
inapplica3le 3ecause either " la9s 9ill govern or la3or issues
9ill 3e merely su3Dect to consultation as any such dispute
arising under the 64C! shall 3e resolved “e&clusively through
consultation bet-een the !arties.”
(++. !dditionally, the 64C! provisions on " contractors are
contrary to !rticles )+, ), and )( of the <a3or Code 9hich
re5uires that aliens see=ing admission into the Philippines for
employment purposes and any foreign employer desiring to
engage an alien for employment in the Philippines shall o3tain
an employment permit from the 4epartment of <a3or.
(+,. !s under the 64C!, contracts are to 3e solicited, a9arded and
administered under " la9s, our <a3or Code provision
re5uiring aliens to 3e registered 9ith 4$<6 is rendered inutile.
T.! EDCA i" Contay to t.!
Con"tit$tional Po/i"ion" on t.!
Pot!&tion o5 t.! En/ion'!nt%
111111111111111111111111111111111111111111111111111111
(+(. /he ,012 Philippine Constitution provides that.
.he $tate shall protect and promote the right
to health of the people and instill health
consciousness among them. +Article //% $ection 68,
.he $tate shall protect and advance the right
of the people to a balanced and healthful ecology in
accord -ith the rhythm and harmony of nature.
+Article //% $ection 69,
(+F. In the landmar= case of O(o"a /"% Fa&toan 7@.R. #o.
,+,+1F, *uly F+, ,00F, (() CR! 20(8, our upreme Court
held that the right to a 3alanced and healthful ecology
enshrined in our Constitution is self-executing and Dudicially
enforcea3le. It held, thus.
59
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
“(hile the right to a balanced and healthful ecology
is to be found under the *eclaration of !rinciples
and $tate !olicies and not under the Bill of Rights% it
does not follo- that it is less important than any of
the civil and political rights enumerated in the latter.
$uch a right belongs to a different category of rights
altogether for it concerns nothing less than self?
preservation and self?perpetuation I aptly and
fittingly stressed by the petitioners I the
advancement of -hich may even be said to predate
all governments and constitutions. As a matter of
fact% these basic rights need not even be -ritten in
the Constitution for they are assumed to e&ist from
the inception of human3ind. /f they are no-
e&plicitly mentioned in the fundamental charter% it is
because of the -ell?founded fear of its framers that
unless the rights to a balanced and healthful
ecology and to health are mandated as state
policies by the Constitution itself% thereby
highlighting their continuing importance and
imposing upon the state a solemn obligation to
preserve the first and protect and advance the
second% the day -ould not be too far -hen all else
-ould be lost not only for the present generation%
but also for those to come I generations -hich
stand to inherit nothing but parched earth incapable
of sustaining life.
.he right to a balanced and healthful ecology
carries -ith it the correlative duty to refrain from
impairing the environment. *uring the debates on
this right in one of the plenary sessions of the 6<;9
Constitutional Commission% the follo-ing e&change
transpired bet-een Commissioner (ilfrido
4illacorta and Commissioner Adolfo A5cuna -ho
sponsored the section in )uestionE
MR. 4/LLAC@R.AE *oes this section mandate the
$tate to provide sanctions against all forms of
pollution I air% -ater and noise pollutionD
MR. ACC#AAE Jes% Madam !resident. .he right to
healthful +sic, environment necessarily carries -ith
it the correlative duty of not impairing the same and%
therefore% sanctions #ay be pro!ided for
i#pair#ent of en!iron#ental balance.
60
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
(+). !lthough the 64C! devotes a full article to :6nvironment,
Human Health, and afety; 7!rticle IE8, it does not, ho9ever,
provide for sanctions for destruction of our environment 3y the
" forces, if indeed the " respects our Constitution. #either
does the agreement offer any mechanism or process 3y 9hich
the Philippines may claim compensation in case " forces
intentionally or unintentionally cause damage to our
environment.
(+H. Ahat the 64C! contains in !rticle IE are mere vague
provisions and motherhood statements such as.
Administrative or e&ecutive acts% orders and
regulations shall be !alid only -hen they are not
contrary to the la-s or the Constitution.
1. &&& .o this end% the parties shall cooperate to
ensure proble#s that #ay arise are dealt %ith
i##ediately in order to prevent any lasting
damage to the environment or endangerment of
human health and safety.
2. .he #nited $tates confirms its intent to
respect relevant !hilippine environmental% health%
and safety la-s% regulations and standards in the
e&ecution of its policies. G&&& .he !arties shall
fully cooperate in the ti#ely e$change bet-een the
competent representatives of the !arties of all
rele!ant e$isting infor#ation concerning
environmental and health protection at Agreed
Locations. .he environmental compliance
standards applied by #nited $tates forces shall
reflect% in accordance -ith its policies% the more
protective of #nited $tates% !hilippine% or applicable
international agreement standards. &&&
3. #nited $tates forces shall not intentionally
release any ha5ardous materials or ha5ardous
-aste o-ned by it% and% if a spill occurs% shall
e$peditiously ta"e action in order to contain and
address environmental contamination resulting from
the spill.
61
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
(+J. /he " is not even made to account for :unintentional; release
of hazardous materials or 9aste, as paragraph F a3ove only
refers to :intentional; release thereof.
(+2. Aorse, in case of spill of hazardous materials or 9aste, "
forces shall merely :expeditiously ta=e action; P 9hich is too
vague P 9hile the Philippines is divested of its right to enforce
its citizens> fundamental right to a 3alanced and healthful
ecology.
(+1. Clearly, in entering into the 64C!, President !5uino has given
up these 3asic rights 9hich in O(o"a &a"! is said to :predate
all governments and constitutions.;
T.! EDCA i" Contay to t.!
Con"tit$tional Po/i"ion" on
Lo&al Go/!n'!nt an# t.!
Lo&al Go/!n'!nt Co#!%
1111111111111111111111111111111111111111111111
(+0. !rticle II, ection (H of the Constitution provides.
$ec. '8. .he $tate shall ensure the autonomy of
local governments.
(,+. /o ensure that such policy is carried out, !rticle E is dedicated
only to local government, the relevant provisions of 9hich are
the follo9ing.
$ec. '. .he territorial and political subdivisions shall
en2oy local autonomy.
$ec. 8. 0ach local government unit shall have the
po-er to create its o-n sources of revenues and to
levy ta&es% fees% and charges sub2ect to such
guidelines as the Congress may provide% consistent
-ith the basic policy of local autonomy. $uch ta&es%
fees% and charges shall accrue e&clusively to the
local governments.
(,,. Pursuant to these constitutional provisions, the <ocal
@overnment Code 7R.!. 2,J+8 9as enacted 9hich echoes the
declared policies in the Constitution, thus.
Section 2& *eclaration of !olicy. H
62
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
+a, /t is hereby declared the policy of the $tate that
the territorial and political subdivisions of the $tate
shall en2oy genuine and meaningful local autonomy
to enable them to attain their fullest development as
self?reliant communities and ma3e them more
effective partners in the attainment of national
goals. .o-ard this end% the $tate shall provide for a
more responsive and accountable local government
structure instituted through a system of
decentrali5ation -hereby local government units
shall be given more po-ers% authority%
responsibilities% and resources. .he process of
decentrali5ation shall proceed from the national
government to the local government units.
+b, /t is also the policy of the $tate to ensure the
accountability of local government units through the
institution of effective mechanisms of recall%
initiative and referendum.
+c, /t is li3e-ise the policy of the $tate to re)uire all
national agencies and offices to conduct periodic
consultations -ith appropriate local government
units% nongovernmental and peopleKs organi5ations%
and other concerned sectors of the community
before any pro2ect or program is implemented in
their respective 2urisdictions.
(,(. /hese constitutional provisions give much emphasis to local
government autonomy to ena3le and ensure accounta3ility,
self-reliance and ultimately development of local government
units.
(,F. !rticle III, paragraph ( of the 64C!, ho9ever, utterly disregards
our policy of ensuring and ena3ling local government
autonomy, as said provision states.
AR./CL0 ///. AR00* L@CA./@A$
'. (hen re)uested% the *esignated Authority of the
!hilippines shall assist in facilitating transit or
temporary access by #nited $tates forces to
public land and facilities +including roads% ports%
and airfields,% including those o-ned or
controlled by local governments% and to other
63
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
land and facilities +including roads% ports% and
airfields,.
(,). /hus, under the 64C!, the transit and temporary access 3y "
forces to land, facilities including roads, ports and airfields,
including those o9ned 3y local government units is mandatory.
<ocal government units are deprived of any right over such
land, roads, ports and airfields even if they are 9ithin their
Durisdiction or o9ned 3y them. /hey cannot even exercise any
authority 9hatsoever on agreed locations, in the same 9ay that
the Philippine government is stripped of authority or access
thereto.
(,H. #ot only is this contrary to the constitutional and <ocal
@overnment Code provisions promoting local governments>
genuine and meaningful autonomy, it is li=e9ise contrary to the
po9er of local governments to regulate the use of local roads
H+
and to enDoy full autonomy in the exercise of their proprietary
functions
H,
.
(,J. Burthermore, the po9er of local government units to sue and 3e
sued
H(
in the exercise of its po9ers to promote the general
9elfare, particularly those upholding the right of the people to a
3alanced ecology, health and safety,
HF
is gravely compromised.
/his is 3ecause the 64C! impliedly allo9s " vessels, aircrafts
and vehicles to 3ring in hazardous materials and 9astes
H)
.
(,2. In case of a spill caused 3y the "nites tates, it cannot even 3e
punished 3y a mere slap on the 9rist as the 64C! merely
re5uires it to “e&peditiously ta3e action” 9hich is left to the sole
9him of the ".
(,1. /he 64C! does not even su3Dect the " to any sanction for
any lia3ility it may incur relative to any dispute arising under the
64C!. /he reason is that such dispute shall not 3e referred to
any national or international court, tri3unal or similar 3ody
HH
,
thus, placing it 3eyond our Durisdiction.
50
ection (,, <ocal @overnment Code
51
ection (( 7d8 supra
52
ection (( 7a8 7F8 supra
53
ection ,J supra
54
!rticle IE 7F8, 64C!
55
!rticle EI 64C!
64
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
(,0. !s President of the Repu3lic, it is incum3ent upon President
!5uino to =no9 the la9s of the land, especially the fundamental
la9, so that he may =eep his oath of protecting, preserving and
faithfully executing the la9s of the land.
((+. In sum, the follo9ing provisions of the Constitution 9ere
violated 3y 64C!.
a. !rticle III, ection 2 for disregarding national
"o/!!i*nty; national int!!"t an# t.! !2$i!'!nt o5
an in#!(!n#!nt 5o!i*n (oli&yC
. !rticle II, ection F for surrendering, instead of securing
the "o/!!i*nty an# int!*ity o5 t.! national t!itoyC
c. !rticle I on #ational /erritory for carving out a (at o t.!
>.ol! o5 t.! P.ili((in! t!itoy b!yon# t.!
"o/!!i*nty an# B$i"#i&tion o5 t.! P.ili((in!"C
!. !rticle II, ection ( for allo9ing t.! (!(o"itionin* an#
#!(loy'!nt o5 too(" an# >a 'at!i!l by a 5o!i*n
&o$nty to b! $"!# in >a"C
e. !rticle III, ection 1 for allo9ing the !nty o5 n$&l!a
>!a(on" and surrendering the authority to monitor and
chec= 9hether a foreign 9arship or aircraft carries nuclear
9eaponsC
". !rticle ?III, ection , for &a/in* o$t 5o' t.!
B$i"#i&tion o5 t.! S$(!'! Co$t an# t.! !nti!
B$#i&ial "y"t!' t.! 'any #i"($t!" t.at 'ay ai"! out
of acts or any a3use of the " forces in the execution of
the agreementC
#. !rticle ?I, ection (1 7)8 for allo9ing the US 5o&!" to
$"! ($bli& $tiliti!" >it.o$t (ayin* ta0!" an# ot.!
5!!"C
$. !rticle E?III, ection (H for allo9ing the !nty o5 5o!i*n
too("; ba"!" an# 5a&iliti!" >it.o$t a t!aty 9hose
effectivity is su3Dect to the 7i8 role of the enate to concur
in the ratificationC and 7ii8 the role of 3oth Houses of
Congress to decide 9hether or not to call for a national
referendum to approve the sameC
%. !rticle ?II, ection (, for !5$"in* to "$b'it t.! EDCA
to t.! S!nat! 5o it" &on&$!n&! in t.! ati5i&ation.
65
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
((,. Having entered into an international agreement that violates
numerous provisions of the Constitution and other la9s, is more
than sufficient to conclude that President Benigno imeon
CoDuangco !5uino III committed culpa3le violation of the
Constitution and 3etrayed pu3lic trust 3y violating his oath of
office to protect and preserve the Constitution and faithfully
execute the la9s of the land.
PRA,ER
6HEREFORE, premises considered, Complainants pray that.
(1) the House of Representatives Committee on *ustice find
that the instant Impeachment Complaint is SUFFICIENT IN
FORM AND SUBSTANCE an# t.!! i" PROBABLE
CAUSEC and
(2) the House of Representatives TO IMPEACH PR6I46#/
B6#I@#$ I%6$# C$*"!#@C$ !Q"I#$ III.
$ther reliefs Dust and e5uita3le under the premises are li=e9ise
prayed for.
Quezon City, Philippines. *uly (), (+,).
SATURNINO C% OCAMPO MARIA CAROLINA P% ARAULLO
ATT,% EVAL,N G% URSUA AMAR,LLIS HILAO ENRIQUE:
TEODORO A% CASIMO ROMAN L% POLINTAN
9HARLO FELIPE C% MANANO MAR, JOAN GUAN
GERTRUDES R% LIBANG RECHILDA A% EFTREMADURA
66
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
VIRGINIA V% VILLARAMA NARCISA A% ADRIATICO
FELICIDAD B% DE LOS RE,ES ESTELITA B% D,
LUNINGNING V% LITUAMAS AMIRAH ALI LIDASAN
CLEMENTE GUEVARRA BAUTISTA; JR% CRISTINA PALABA,
GEORGE F% SAN MATEO JOSSEL I% EBESATE
PROF% PHOEBE :OE MARIA U% SANCHE:
!ssisted By.
PUBLIC INTEREST LA6 CENTER
)MB &aiDa Building, 21FJ %a=ati !venue
Corner ?aldez treet, %a=ati City
/el. #o. 7JF(8 100-F)F0C /el. Bax #o. 7JF(8 100-F),J
6mail address. pu3licinterestla9center\gmail.com
RACHEL F% PASTORES AM,L,N B% SATO
IBP #o. 0H,1+FC +,M+JM,)C %a=ati IBP #o. 0H,1+)C +,M+JM,)C Q.C.
P/R #o. )(F),2FC +,M+1M,)C %a=ati P/R #o. 0+20J)FC +,M+2M,)C Q.C.
Roll #o. F01,1 Roll #o. H+F10
%C<6 Compliance %C<6 Compliance
#um3er I?-++,0)))C +)-F+-,F #um3er I?-++,00H(C +H-+J-,F
FRANCIS ANTHON, P% PRINCIPE SANDRA JILL S% SANTOS
67
Impeachment Complaint vs. President Benigno imeon C. !Q"I#$ III
%!&!B!'!# Coalition, et. al, Complainants. () *uly (+,)
------------------------------------------------------------------------------------------------
IBP #o. 0H,1+HC +,M+JM,)C Q.C. IBP #$. 0H,1+JC +,M+JM,)C R%
P/R #o. 0+20J))C +,M+2M,)C Q.C. P/R #$. (,J2HFFC +,M+0M,)C%and.
Roll #o. H+0,H Roll #o. H01+0
%C<6 Compliance %C<6 Compliance
#um3er ? P +++,JH)C +(-+H-,) #um3er I? P ++(+2+0C +J-,F-,F
CARLOS A% MONTEMA,OR; JR%
IBP #o. 0H,1+2C +,M+JM,)C Q.C
P/R #o. 0+20J)HC +,M+2M,)C Q.C.
Roll #o. J,+1H
%C<6 Compliance
#um3er I? P ++,2J(+C +)-((-,F

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