FOR IMPEACHMENT AGAINST PRESIDENT JOSEPH EJERCITO ESTRADA
JOSEPH E. ESTRADA,
by counsel, respectfully state:
is a verified complaint for the impeachment of respondent Joseph E.
incumbent President of the Republic of the Philippines, upon the
mentioned below. This complaint is filed pursuant to the provisions of
of Public Officers), Sections 2 and 3 of the Philippine Constitution.
complaint, as far as private complainants are concerned, is endorsed by
Congressmen Heherson T. Alvarez and Ernesto F. Herrera.
are Filipino citizens, of legal ages, and with addresses above
and may be served with summons and other processes through their
Atty. Ramon A. Gonzales at Rm. 508, J & T Building, R. Magsaysay
Sta. Mesa, Manila and the Public Interest Law Center with address at
Building, 7836 Makati Avenue, Makati City; while respondent is the
President of the Republic of the Philippines and may be served with
and other processes of this august body at the Office of the President,
On June 30, 1998, respondent took his oath as the 13th President of the
Republic of the Philippines, stating:
do solemnly swear that I will faithful and conscientiously fulfill my
as President of the Philippines, preserve and defend its constitution,
execute its laws, do justice to every man, and consecrate myself to the
service of the nation. So help me God."
On July 1, 1998, he assumed his duties and responsibilities as such.
complaint for impeachment is based on the following grounds:
THAT RESPONDENT COMMITTED BRIBERY;
THAT RESPONDENT COMMITTED GRAFT AND CORRUPT PRACTICES;
THAT RESPONDENT BETRAYED THE PUBLIC TRUST;
THAT RESPONDENT CULPABLY VIOLATED THE CONSTITUTION.
to the Constitution
2. The President, the Vice President, the members of the Supreme Court,
the members of the constitutional commission, and the Ombudsman may be
removed from office, on impeachment for and conviction of, culpable of
treason, bribery, graft, and corruption, other higher crimes or
of public trust. " (Article
That respondent committed bribery.
accuse respondent of committing bribery committed as follows:
from November 1998 to August 2000, respondent has received P10 million
a month as bribery from jueteng lords as protection money channeled
Luis C. Singson, provincial governor of Ilocos Sur as may be seen from
his affidavit dated September 14, 2000 (Annex "A" hereof)."
to the Constitution
That respondent committed graft and corrupt practices.
Joseph E. Estrada violated the Constitution
and stands guilty of graft and corruption when he directly requested or
received for his personal benefit P130 million out of the P200 million
released by Secretary Benjamin Diokno of the Department of Budget and
allocated under R. A. 7171 in violation of Section 3(c) of R.
A. 3019, as may be seen from the affidavit of Luis C. Singson,
governor of Ilocos Sur, dated September 25, 2000 (Annex "B"
Joseph E. Estrada violated the Constitution
and stands guilty of graft and corruption when he participated directly
in the real estate business thru family-controlled corporation which
36 townhouses in Vermont Park, Executive Village, Antipolo City, as
in the PCIJ in the article on
Joseph E. Estrada's family and financial interest. He also violated the
he is sworn to uphold. He filed his Statement of Assets and Liabilities
for the year 1999, stating therein that he and his wife and children
business interests in only three (3) corporations. The President by
sworn statement also committed perjury and the offense of unexplained
because records show that he and his wife and mistresses and their
have other interests in other companies outside of the firms listed in
his Statement of Assets and Liabilities. (Annex "C" hereof).
That respondent betrayed the public trust.
Joseph E. Estrada betrayed public trust and violated his own oath of
when he unduly intervened in the Securities and Exchange Commission on
behalf of a presidential crony.
two months after assuming office in 1998, the President referred to the
Philippine Gaming and Amusement Board (Pagcor) the application for an
bingo of Best World Gaming and Entertainment Corp. Despite absence of
bidding or notice to the public, Pagcor acted expeditiously and granted
said corporation an exclusive franchise to operate online bingo
on December 3, 1998 (Annex "D" hereof).
in view of alleged stock manipulation on BW shares, the Securities and
Exchange Commission started an investigation.
or about November 1999, President Estrada called Chairman Perfecto
Jr. of the Securities and Exchange Commission to intercede for BW,
that its principal and majority stockholder Dante Tan was not a
but a victim of transactions which resulted in the rise and fall of BW
shares, as shown by the affidavit of former Securities and Exchange
Perfecto Yasay, Jr., which is hereto attached as Annex "E".
President called Chairman Yasay not once but five times. The act of the
President violated his solemn oath of office to execute the law. He
justice because he intervened with the duties of a public servant who
investigating transactions as a quasi judicial officer pursuant to the
mandate of the law.
Estrada betrayed public trust when he wantonly violated his official
during his inaugural speech, when he solemnly declared, "sa aking
walang kamag-anak, walang kumpadre, walang kaibigan."
majority of the people cheered. They believed in him. They trusted him
after having voted him into office the highest plurality in the
of May 1998.
betrayed the people's trust. When his son Jinggoy Estrada got into
with some doctors and personnel at the Cardinal Santos Memorial
in July 30, 1999, the President defended him instead of letting the law
take its course (Annex "F" hereof). As a result, no one pursued the
When another son, Jude Estrada, flew government plane to Cagayan de Oro
at government expense, he also got into trouble, leaving the hotel
he stayed without paying the bills worth more than P60,000. Again, the
President defended him instead of letting the law take its course.
appointed Cecilia de Castro, a cousin, as presidential assistant,
he disclaimed knowing her in the wake of the textbooks scam in 1998
"G" hereof). He appointed a brother-in-law, Captain Rufino F. Pimentel,
as director of Pagcor (Annex "H" hereof). He appointed another
Raul de Guzman, as member of the board of Regents of the University of
the Philippines (Annex "I" hereof), and a nephew-in-law, the son of Mr.
de Guzman, as presidential consultant on environment and water (Annex
appointed more than a hundred kumpadres and kaibigans as presidential
extended franchises and favors such as the ones specified in Annex "K"
Estrada has often proclaimed that his main program is to uplift the
But records show that during his tenure as President, he focused mainly
on the participation in business for himself, his family and friends.
Philippine Center for Investigative
has revealed that there exist 66 corporate records wherein Estrada, his
wife, mistresses and children are listed as incorporators or board
Thirty-one of these companies were set up during Estrada's
tenure and one (1) since he assumed the presidency. Altogether they had
an authorized capital of P893.4 million when they were registered.
President and his family had shares of P121.5 million with a paid-up
of P58 million when the companies were formed. Based on available 1998
and 1999 financial statements - 14 of the 66 companies alone have
of over P600 million. He abetted gambling, tolerated excessive imports
and smuggling to favor friends and relatives, to the prejudice of
fishermen, and businessmen, as shown in the latest report of the
Center for Investigative Journalism (Annexes "L," "L-1" and "L-2"
Estrada betrayed the public trust and his oath of office when he
the strict mandate of the Constitution
that he sternly avoid conflict of interest in the conduct of his
October 15, 1998, the First Lady, Mrs. Loi Ejercito, registered with
Securities and Exchange Commission her private foundation - the
for the Poor Foundation, Inc. (Annex "M" hereof). Its primary purpose
to provide relief and livelihood to the poor. SEC records list its
at No. 1 Polk Street, Greenhills, San Juan, Metro Manila, which is also
the legal residence of President Estrada.
First lady signed the articles of incorporation and by-laws as one of
five incorporating directors, another one being Ramon Cardenas, deputy
executive secretary in Malacañang.
few months after its incorporation, the Foundation received a P100
donation from the Philippine Charity Sweepstakes Office to fund its
(Annex "N" hereof). Said donation exceeded the PCSO's combined donation
of P65 million to regular PCSO beneficiaries like orphanages and
throughout the country.
under Section 13, Article VII, expressly prohibits conflict of interest
in the conduct of his office. When the President approves a P100
donation of government funds to private foundation organized by his
deliverable to his address at No. 1 Polk Street, Greenhills, San Juan,
Metro Manila, where the approving authority himself lives -- that
violates the no-conflict rule mandated by the nation's fundamental
That respondent culpably violated the Constitution.
Estrada violated the law and his own oath of office when he ordered the
Commissioner of Customs to turn over 52 luxury vehicles to
for distribution to Cabinet members and other senior officials to give
them more prestige and financial help - contrary to his oath to execute
the law faithfully because said acts clearly contravened Section 3,
A of R.A. 3015, Anti-Graft
Law, Section 2535, 2536, 2601, 2604 and 2610 of the Customs and
Estrada willfully violated the Constitution
when he appointed certain members of his Cabinet, their deputies or
to another office or employment in direct contravention of Section 13,
Article VII of the Constitution.
provision is a strict prohibition that has been interpreted no less by
the Supreme Court in Civil Liberties vs. Executive Secretary, 94 SCRA
which declared that the prohibition stands, save only when the
official holds the other portion in ex-officio capacity or is otherwise
allowed by the Constitution
to do so. The reason for the prohibition, according to the Supreme
is to make the concerned officials give full attention to their jobs to
maximize public benefit.
said constitutional prohibition positively interpreted by the Supreme
President Estrada appointed the following to other offices or
Senior Deputy Executive Secretary Ramon Cardenas as director of Manila
economic and Cultural Office (MECO), chairman of the Philippine
Committee in the Asian Development Bank, chairman of Philippine
Authority, and member of the Movie and Television Review and
Chief Legal Presidential Counsel Magdangal Elma, who holds Cabinet rank
- chairman of the Presidential Commission on Good Government.
Robert Aventajado, Secretary for Flagship Projects, garbage czar, head
of solid waste management, and chief negotiator for hostages of the Abu
Deputy Executive Secretary for Finance and Administration Ric Tan
- director of PNOC Shipping and Transport Corp. and director of United
Coconut Chemicals, Inc.
Asst. Executive Secretary for Legal Affairs Gaudencio A. Mendoza, Jr. -
director of Food Terminal, Inc. and director of Subic Bay Metropolitan
Presidential Adviser on Development Administration Raul de Guzman -
of San Miguel Corporation, regent of the University of the Philippines,
and director of Philippine Long Distance Telephone Company.
office is a public trust. When a teacher or government clerk commits a
dishonest act. he or she is removed from the service. When the
no less commits bribery, commits graft and corruption and other high
betrays the public trust, and culpably violates the Constitution
and his own oath of office, he should also be removed.
less than the people deserve faith and justice and honesty. No less
mandates this. We, therefore, pray that Congress act favorably.
it is most respectfully prayed that this complaint after evaluation, be
given due course.
for Quezon City, Philippines, 12 October 2000.
A. GONZALES Counsel
for Complainants Room
508, J&T Building R.
Magsaysay Blvd., Sta. Mesa, Manila IBP
OR#495677,1/20/2000, Iloilo City PTT
No. 115497,2/7/2000, Manila -
INTEREST LAW CENTER Counsel
for Complainants Kaija
Bldg., 7836 Makati Avenue Makati
T. CAPULONG IBP
OR# 487221, 10/29/99, Nueva Ecija PTR
No. 3496604, 1/10/00, Muntinlupa City VERIFICATIONI,
CONG. HEHERSON T. ALVAREZ, under oath state:
I am one of the complainants in the above-entitled complaint for
that I have caused the said complaint to be prepared and have read the
contents thereof; and that the allegation therein are true of my own
and belief on the basis of my reading and appreciation of documents and
other records pertinent thereto. CONG. HEHERSON T. ALVAREZ.
and sworn to before me this 12th day of October 2000 at Quezon City,
TEODORO A. CASIÑO and TERESITA QUINTOS DELES, under oath
we are two of the complainants in the above-entitled complaint for
that we have caused the said complaint to be prepared and have read the
contents thereof; and that the allegations therein are true of my own
and belief on the bais of my reading and appreciation of documents and
other records pertinent thereto. TEODORO A. CASIÑO and TERESITA
AND SWORN to before me this 12th day of October 2000 at Quezon City,
OF ESTRADA RESIGN SITES