Bautista Files

Weeks earlier, in July, negotiations for the Bautista couple to have an amicable
separation and division of properties collapsed. Patricia made true her long-running
threat to bring evidence of her husband's supposed unexplained wealth to Duterte after
he failed to give her a satisfactory settlement.
What happened next? The camp of the Comelec chair reached out to resume
negotiations and had been in touch until the last minute on August 4, when Patricia
gave an explosive media interview to confirm what had already been tabloid gossip
about her husbands alleged wealth.
The marital dispute that the Comelec chief tried to keep under wraps for months turned
into a political circus. He maintained there's nothing illegal about his wealth and accused
his wife of extortion and having an affair.
Politically, Andy Bautista is not an ally of the President, but the President wanted to end
the quarrel especially that the children will be devastated with the sequence of events.
The political firestorm is also fueled by the links of Patricia's lawyer Loon to defeated
vice presidential candidate and former Senator Ferdinand Marcos Jr. His election protest
seeking to oust Vice President Leni Robredo could benefit from the controversy casting
doubts on the results of the 2016 elections.
Loon was once a youth organizer for the Nacionalista Party (NP), the political party of
Marcos. They all worked closely when Marcos and Loon's stepfather, retired Marine
Colonel Ariel Querubin, both ran in the 2010 senatorial elections.
As the couple negotiated an amicable separation, Patricia asked for P620 million
as share in the properties. It's half of the supposed more than P1-billion wealth
under the name of the Comelec chief, based on their computation.
Her legal counsel then was Lorna Kapunan of the Kapunan Garcia & Castillo
Law Offices, coincidentally the lawyer of Napoles in the alleged pork barrel scam.
In the course of negotiations, the amount was brought down to P260 million.
In May 2017, Patricia terminated the services of Kapunans law firm apparently
because she and the Comelec chief couldn't see eye to eye.
recita
But the Balikbayan box loomed over the marital dispute. Loon immediately set a
meeting with the Comelec chief, telling him its urgent because it may be exploited by
uncharitable people.
The poll chief replied: Its already being exploited, Martin."

When they met on June 19, Loon said they discussed a P260-million settlement, where he said
P90 million would go to Patricia and the rest would go to their children's trust fund.
Patricia Tish Bautista executed an affidavit, dated Aug. 1, 2017, disclosing

documents and information about her husband, Andres Andy Bautista, chair of the
Commission on Elections (Comelec), that could, according to her, lead to his 1)
criminal prosecution for violations of the Anti-Graft Law and the Anti-Money
Laundering Act, 2) disbarment for unethical practice, and 3) impeachment for
dishonesty in his statement of assets and liabilities (SALN) and for betrayal of public
trust. Andy denounced the documents as misleading and the information as all
lies.
Read more: http://opinion.inquirer.net/106478/andy-bautistas-legal-

conundrums#ixzz4uIqtEsRt
Follow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook
Jurisprudence bars him from being prosecuted criminally under the cited laws or
administratively disbarred for alleged unethical practices. The Supreme Court has
held that officials removable by impeachment are virtually immune from suits where
the prescribed penalty would oust them from their offices.

conundrums#ixzz4uIr44SjD
The Constitution (Art. IX, Sec. C-1) requires the Comelec chair to be a member of the
Philippine bar. Charging him with the said crimes in which the penalty includes
removal and/or disqualification from holding a public office would automatically oust
him from his office which, according to the Constitution, can be done only through
impeachment.

conundrums#ixzz4uIrICNa5
Impeachment. The exclusive power to initiate all cases of impeachment belongs to

the House of Representatives. Impeachment complaints of private citizens must be
verified and carry the signed resolution or endorsement of at least one member
of the House before they can be considered filed.

conundrums#ixzz4uIrRwXr4
As ruled by the House in the recent impeachment case against President Duterte, the
complaint must be based on the personal knowledge of the complainant or his/her
witnesses. Hearsay evidence or news reports would not be enough.
conundrums#ixzz4uIraHI2l
A vote of at least one-third of all the members of the House shall be necessary to
send the Articles of Impeachment to the Senate, which has the sole power to try
and decide all cases of impeachment. To convict and remove an official requires
the concurrence of two-thirds of all the Members of the Senate. Thats 16 votes.

conundrums#ixzz4uIrdmXbE
Wife as witness. An interesting question is whether Tish could be called as a witness

against Andy in an impeachment proceeding in the House or at the trial in the Senate.
The Rules of Court (Rule 130, Sec. 22) states that neither the husband nor the
wife may testify for or against the other without the consent of the affected spouse,
except in a civil case by one against the other, or in a criminal case for a crime
committed by one against the other or the latters direct descendants or ascendants.

conundrums#ixzz4uIrjLnum
An impeachment proceeding is neither a civil nor criminal case; it is sui generis (or
one of a kind); in fact, it is more a political rather than a legal exercise. And even
assuming it is civil or criminal in nature, it is not a case by one spouse against the
other.
Without the affidavit and testimony of Tish, will the impeachment proceedings in the
House and the trial in the Senate succeed?
On the other hand, did Andy effectively waive his spousal privilege and consent to his
wifes testimony by filing criminal cases (robbery, extortion, etc.) against her?
More on these legal conundrums later.

conundrums#ixzz4uIs4YU00

Bautista Files

Încărcat de

Informații document

Drepturi de autor

Formate disponibile

Partajați acest document

Partajați sau inserați document

Opțiuni de partajare

Vi se pare util acest document?

Este necorespunzător acest conținut?

Drepturi de autor:

Formate disponibile

Bautista Files

Încărcat de

Drepturi de autor:

Formate disponibile

Weeks earlier, in July, negotiations for the Bautista couple to have an amicable

The poll chief replied: Its already being exploited, Martin."

Patricia Tish Bautista executed an affidavit, dated Aug. 1, 2017, disclosing

Read more: http://opinion.inquirer.net/106478/andy-bautistas-legal-

Read more: http://opinion.inquirer.net/106478/andy-bautistas-legal-

Read more: http://opinion.inquirer.net/106478/andy-bautistas-legal-

Impeachment. The exclusive power to initiate all cases of impeachment belongs to

Read more: http://opinion.inquirer.net/106478/andy-bautistas-legal-

Read more: http://opinion.inquirer.net/106478/andy-bautistas-legal-

Wife as witness. An interesting question is whether Tish could be called as a witness

Read more: http://opinion.inquirer.net/106478/andy-bautistas-legal-

Read more: http://opinion.inquirer.net/106478/andy-bautistas-legal-

S-ar putea să vă placă și