‘Something can be utilized as foundation for impeachment,’ says Gutierrez

MANILA, Philippines — Can a future determination by the Supreme Courtroom (SC) be used as grounds for impeaching an elected official?

In line with legislation professor and former Workplace of the Vice President (OVP) spokesperson Barry Gutierrez, something can be utilized as a foundation for pursuing an impeachment grievance, as the method is political.

In a press release on Tuesday, Gutierrez defined that they consider that the present OVP beneath Vice President Sara Duterte dedicated an error when it requested for and accepted P125 million value of confidential funds (CF) throughout the latter a part of 2022 when the unique funds crafted beneath former Vice President Leni Robredo didn’t have an entry for secret funds.

Gutierrez was OVP spokesperson when Robredo’s workplace submitted its budgetary request for 2022 earlier than the Might 2022 nationwide elections and earlier than Robredo ended her time period on June 30, 2022.

“Our argument in our petition is that there was a switch value P125 million.  That is the availability which grants the facility of the purse completely to Congress and that provision governs the transfers of appropriations between places of work,” Gutierrez stated.

“So we expect there was a violation of this provision however on the finish, solely the Supreme Courtroom can say if there was certainly a violation.  Now for those who’ll ask if it may be used as a foundation for impeachment, something can be utilized as a foundation for impeachment,” he added.

Gutierrez was one of many attorneys who requested the Supreme Courtroom final November 7 to declare the P125 million CF with OVP in 2022 as unconstitutional.

“If they’d select to border that there have been provisions violated within the fund switch, then that may stand as a foundation and on the finish, solely a 1/3 vote of the members of the Home of Representatives can say if it has foundation,” he claimed.

Throughout the discussions on the 2024 proposed nationwide funds on the Home, Duterte’s CF requests had been completely mentioned upon the prodding of Minority lawmakers.  It was then revealed that Duterte’s OVP spent P125 million beneath confidential and extraordinary bills.

The questions got here months after OVP launched experiences on their funds utilization for 2022, amid questions from the media concerning the supposed confidential funds it spent.

In a message to reporters, the OVP despatched a screenshot of a funds sheet’s portion known as “Abstract of appropriations, obligations, disbursements, and balances by object of expenditures,” which detailed bills comparable to personnel bills and journey spending.

Nevertheless, a portion of the funds that the OVP gave was blotted out.  Ultimately, OVP clarified that it had meant to focus on the portion of the confidential fund, and never block it.

The highlighted portion confirmed a provision beneath “Particular Function Funds.” Underneath the stated class was a sub-category of “Contingent Fund,” which contained Confidential Bills amounting to P125 million.

READ: OVP insists: ‘Confidential fund has been utilized appropriately’

Since then, a number of Minority lawmakers claimed that the fund transfers are unlawful.  In line with Albay 1st District Rep. Edcel Lagman, “the 1987 Structure prohibits switch of funds besides with respect to constitutional officers just like the President relative to financial savings for augmentation.”

Nevertheless, the Division of Funds and Administration and Marikina 2nd District Rep. Stella Quimbo clarified that the CF was not a fund switch, however was somewhat sourced from contingent funds and was positioned in a line merchandise of the OVP’s 2022 funds.

READ: DBM says OVP’s 2022 confidential funds technically not a fund switch — Co

Regardless of the seeming feud between Duterte and the Home — after the chamber reallocated OVP’s proposed P500 million CF for 2024 and the Division of Training’s P150 million CF request — key lawmakers have denied pushing for an impeachment grievance towards the Vice President.

READ: Speaker Romualdez denies impeachment strikes vs Sara Duterte at Home

ACT Academics party-list Rep. France Castro, who at one level stated that impeaching Duterte was a chance, stated that the impeachment talks had been simply informal discussions between lawmakers.

On the finish of the day, Gutierrez stated that the method of impeachment stays to be political.

“It’s political within the sense that on the finish, what would decide if an impeachment grievance would prosper or not are numbers on the Home of Representatives and on the Senate,” he stated.

READ: Restrain use of secret funds