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RAPPLER IQ Highlights: Impeachment complaint vs Duterte

March 21, 2017 ·  By Rappler.com for www.rappler.com

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The complaint says that given the unlawful activities and predicate crimes provided in the Anti-Money Laundering Act, there is basis for the House to direct AMLC to submit Duterte’s bank accounts and properties

Rep. Gary Alejano of the Magdalo Party-list group announce the filling of Impeachment charges against President Rodrigo Duterte at the House of Representatives in Quezon City on March 16, 2016. Photo by Ben Nabong/Rappler

IMPEACHMENT COMPLAINT. Magdalo Representative Gary Alejano shows a copy of the impeachment complaint he filed against President Rodrigo Duterte at the House of Representatives. Photo by Ben Nabong/Rappler

MANILA, Philippines – An impeachment complaint was filed by Magdalo Representative Gary Alejano on Thursday, March 16, against President Rodrigo Duterte.

The impeachment complaint alleges that Duterte:

  • Culpably violated the Constitution
  • Engaged in bribery
  • Betrayed the public trust
  • Committed graft and corruption
  • Committed other high crimes

The highlights of the complaint are as follows:

1. Betrayal of public trust, bribery, culpable violation of the Constitution, and other high crimes

The complaint alleges that Duterte “willfully and culpably committed the High Crimes of bribery, multiple murder and/or Other Crimes Against Humanity” by adopting a state policy of inducing policemen, other law enforcement officers and/or members of “vigilante groups” into extrajudicial killings of more than 8,000 persons merely suspected of being drug pushers or users.

Duterte also exported and expanded the “dubious and gruesome work of his infamous Davao Death Squad (DDS), which is reported to be responsible for the murder and deaths of at least 1,424 individuals in Davao City from 1998 to 2015, to the entire country.”

Contrary to his oath of office and to the Constitution and prevailing laws, Duterte publicly adopted a policy of “promoting, encouraging, as well as aiding and abetting in the extrajudicial killing of persons suspected of being drug pushers, drug users and/or committing other crimes…”

In encouraging, aiding, and/or abetting the violation of laws, Duterte “undermined the integrity of his office, has brought disrepute upon the Presidency, has betrayed the trust reposed upon him as President of the Republic, and has acted in a manner subversive of the rule of law and justice, to the manifest injury of the people of the Republic of the Philippines,” the complaint said.

2. Betrayal of public trust, bribery, graft and corruption, culpable violation of the Constitution, and other high crimes

With Duterte’s patronage, backing and/or support as mayor, vice mayor or congressman, and now as president, policemen and/or other law enforcement officers and their “force multipliers, including rebel returnees” were organized into an “anti-crime task force” which killed an estimated 1,400 persons. This group later evolved into the dreaded DDS, which is reportedly responsible for the murder and deaths of at least 1,424 in Davao City as of 2015.

3. Graft and corruption and other high crimes

The Commission on Audit had questioned the hiring of 11,000 contractual workers in 2014 when Duterte was still Davao City mayor. This cost the city’s coffers P708 million.

Passing the blame for the hiring of these contractuals to his alleged predecessor, former mayor Benjamin de Guzman, is “clearly preposterous” since it was his daughter Sara who actually served as mayor before him, and he (Duterte), before Sara.

Considering the P708 million, Duterte is being charged with malversation of public funds, violation of the Anti-Graft and Corrupt Practices Act, and plunder.

4. Unexplained wealth

Documents given to Senator Antonio Trillanes IV showed that P2.207 billion, more or less, flowed into the bank accounts of Duterte from 2006 to 2015.

Besides Duterte’s bank accounts, the accounts of Sara Duterte-Carpio, incumbent mayor of Davao City, Paolo Duterte, incumbent vice mayor, and Sebastian Duterte, were beneficiaries. All in all, money amounting to over P360 million flowed into the accounts of the Duterte children, broken down as follows:

  • Sara Duterte-Carpio – P121 million, more or less
  • Paolo Duterte – P104 million, more or less
  • Sebastian Duterte – P143 million, more or less

Common-law wife Cielito “Honeylet” Avanceña recorded transactions amounting to nearly P187 million from July 2004 to March 2016.

Samuel Uy, Duterte’s campaign contributor and alleged business partner, “deposited and/or transferred to the bank accounts” of Duterte’s children and/or common-law wife amounts totaling about P118 million from October 25, 2011 to April 10, 2013.

These were never reported in his Statement of Assets, Liabilities, and Net Worth (SALN), where Duterte claimed to have a net worth of P24.08 million only in his latest 2016 SALN. The complaint mentioned a net worth of “around 23.5 million”.

Trillanes also uncovered at least 40 properties, including houses, condominiums, and lots in the names of his children, plus another 10 known to be publicly owned by him and/or his children.

These are separate from the 12 other properties reported in the SALN filed for the year ending December 2014. Four of these properties are in the name of daughter Veronica who was a minor aged 10 at the time.

5. Predicate crimes for plunder

Funds derived from the 11,000 contractual employees amounting to P708 million in 2014 alone have apparently been transacted and/or laundered through the bank accounts of the Dutertes.

Given the “unlawful activities” or “predicate crimes” provided in the Anti-Money Laundering Act of 2001, “there is clearly a basis for the House of Representatives to direct/order the Anti-Money Laundering Council (AMLC) to submit and/or open subject bank accounts and properties” of Duterte and/or his children.

The verified complaint was signed by Alejano and filed Thursday. (READ: FAST FACTS: How does impeachment work?)

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