PCIJ
ALL hopes for a "Lazarus act" harbored by congressmen seeking to resurrect the impeachment complaint against Pres. Gloria Macapagal-Arroyo were completely dashed when the House of Representatives, which resumed its regular session today, adjourned shortly after it convened for a lack of quorum.
With only 104 out of 236 House members responding to the roll call sought by majority leader Rep. Prospero Nograles, the presiding Speaker, Rep. Emilio Espinosa Jr., ordered the adjournment, denying any recourse by the pro-impeachment lawmakers of filing a motion for reconsideration of the plenary decision that, with a vote of 158-51, junked all the impeachment complaints against Arroyo.
The pro-impeachment congressmen had hoped to exhaust one final legal option available to them only today at the Lower House — which the Supreme Court even pointed to when it dismissed late last week two petitions filed in connection with the Arroyo impeachment case. The petition filed by lawyer Ernesto Francisco was deemed premature as the pro-impeachment congressment could still file a maotion for reconsdieration. The other petition filed by lawyer Oliver Lozano was dismissed for violating the rules of civil procedure as he already filed a motion for extension when he has yet to file a petiton.
Raising the validity of the declaration of a lack of quorum, the opposition's pleas, reminiscent of the justice committee hearings, were again conveniently ignored by the presiding Speaker.
Rep. Rolex Suplico asked how the quorum was computed, citing that many congressmen who were reported to be Arroyo's travelling companions in her recent trip to New York to preside over the United Nations summit and general assembly, should not be counted as they cannot be compelled to attend since they are not within the coercive power of the House, citing the Supreme Court ruling on Avelino v. Cuenco.
In that 1949 case, the deposed and replaced Senate President Jose Avelino questioned his successor's title claiming that the latter had been elected without a quorum. Though it initially dismissed the petition, the Court assumed jurisdiction and ruled on the existence of a quorum, declaring respondent Cuenco as the legally elected Senate President.
Suplico said the Supreme Court decision on the Avelino v. Cuenco case affirmed that the issue of a quorum can be applied only for House members who are within the country.
It has also been the practice of the House, he said, not to declare those who are on official mission abroad as absent. House journals, in fact, list them among members who were present during sessions, their status — whether on official foreign or local trip — noted by the use of asterisks.
Akbayan Rep. Loretta Ann Rosales, who was able to obtain a list of the 31 congressmen who are on "official mission abroad", also insisted that the correct way of computing the quorum is to exclude those on the list from the roll.
On the said list were the following representatives:
- Matias Defensor (LP)
- Junie Cua (LP)
- Aurelio Umali (Lakas)
- Jose Ignacio Arroyo (Kampi)
- Augusto Baculio (Kampi)
- Claude Bautista (NPC)
- Federico Sandoval II (LP)
- Rene Velarde (Butil)
- Antonio Cuenco (Lakas)
- Roque Ablan Jr. (Lakas)
- Eduardo Zialcita (Lakas)
- Vicente Garcia Jr. (NPC)
- Eulogio Magsaysay (AVE)
- Generoso Tulagan (Kampi)
- Prospero Pichay Jr. (Lakas)
- Amado Espino Jr. (Kampi)
- Rodolfo Antonino (Kampi)
- Raul del Mar (Lakas)
- Jose Solis (Lakas)
- Uliran Joaquin (NPC)
- Eladio Jala (Lakas)
- Roberto Cajes (Lakas)
- Cesar Jalosjos (PDSP)
- Catalino Figueroa (KNP)
- Edgar Chatto (Lakas)
- Abdullah Dimaporo (Lakas)
- Ma. Milagros Magsaysay (Lakas)
- Josefina Joson (NPC)
- Arthur Pingoy Jr. (NPC)
- Herminia Ramiro (Lakas)
- Antonino Roman (LP)
Of these, eight have already returned — Baculio, Velarde, Magsaysay (Eulogio), del Mar, Jalosjos, Tulagan, Pichay and Espino. Pingoy is on a local mission while South Cotabato Rep. Darlene Antonino-Custodio was erroneously listed as abroad.
Even with only 22 "on official mission", Rosales said that adding this to the number of House members present would add up to 126, well within the needed quorum to conduct House business.
"By hastily calling the roll and declaring a lack of quorum, this only added to the malice and the cloud of doubt that attended the impeachment process," Rosales said, lamenting the majority's continuing "obstruction of justice."
On the motion of Nograles, the roll was called at 4:30 p.m., earlier than the standard practice slated at 5 p.m. on session days scheduled on Mondays to allow time for members, especially those coming in from the provinces.
In the abovementioned list, only Reps. Umali (Nueva Ecija) and Cuenco (Cebu) were reported to have joined Arroyo in the U.N. trip. Others mentioned include:
- Bulacan Rep. Lorna Silverio (Lakas), chairperson of the Committee on Interparliamentary Relations and Diplomacy
- Cebu Rep. Nerissa Soon-Ruiz (Kampi) and Bulacan Rep. Reylina Nicolas (Lakas), who were invited by Speaker Jose de Venecia;
- Occidental Mindoro Rep. Amelita Villarosa (Kampi), Pampanga Reps. Francis Nepomuceno (NPC), Anna York Bondoc (NP), Isabela Reps. Rodolfo Albano III (Kampi) and Anthony Miranda (Kampi), Bataan Rep. Albert Garcia (Lakas-Kampi), and Quezon Rep. Danilo Suarez (LP), all reportedly invited by Arroyo.
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