YOUTH ACT NOW et al vs Aquino __________________________________________________________________________ GROUNDS FOR IMPEACHMENT I. THE PRESIDENT HAS COMMITTED CULPABLE VIOLATION OF THE CONSTITUTION
II. THE PRESIDENT HAS BETRAYED PUBLIC TRUST
III. THE PRESIDENT HAS COMMITTED GRAFT AND CORRUPTION YOUTH ACT NOW, et al vs. Aquino, 22 July 2014 x - - - - - - - - - - - - - - - - - - - - - - - x CULPABLE VIOLATION OF THE CONSTITUTION Paragraphs 7 to 10 explains how DAP came to be and cites several memoranda approved and signed by no less than the president himself to pool public funds without any legal basis. Paragraph 14: The president used the DAP mechanism for cross-border transfer to Commission on Audit (Php143.7 million) and House of Representatives (Php250 million) YOUTH ACT NOW, et al vs. Aquino, 22 July 2014 x - - - - - - - - - - - - - - - - - - - - - - - x CULPABLE VIOLATION OF THE CONSTITUTION Paragraph 34: The president used DAP to transfer funds from Congress-approved items to projects not covered by GAA Paragraph 22: On 14 July 2014, in a nationally- televised address, the President arrogantly and brazenly announced his defiance of the Supreme Court. It was widely viewed as a declaration of war and gross disrespect of the Supreme Court, the ultimate arbiter and interpreter of the Constitution. YOUTH ACT NOW, et al vs. Aquino, 22 July 2014 x - - - - - - - - - - - - - - - - - - - - - - - x BETRAYAL OF PUBLIC TRUST Paragraphs 45-46: As pointed out by the Supreme Court in the Decision dated 1 July 2014 , the doctrine of operative fact "cannot apply to the authors, proponents and implementors of the DAP unless there are concrete findings of good faith in their favor by the proper tribunals determining their criminal, civil, administrative and other liabilities." The burden of proving good faith is on the president and other implementors of DAP. YOUTH ACT NOW, et al vs. Aquino, 22 July 2014 x - - - - - - - - - - - - - - - - - - - - - - - x BETRAYAL OF PUBLIC TRUST Paragraph 48: The President is far from an innocent bystander here. He approved and gave authority for NBC No. 541, affixing his signature and stamp of approval on the said circular, as well as each of the various memoranda and related issuances pertaining thereto (as mentioned in Par 8 and 9).
YOUTH ACT NOW, et al vs. Aquino, 22 July 2014 x - - - - - - - - - - - - - - - - - - - - - - - x GRAFT AND CORRUPTION Paragraphs 21, 54-56: Sen. Jinggoy Estrada has previously revealed the Presidents attempt to bribe members of the Senate of the Philippines with Fifty Million Pesos (Php50M) in DAP funds in exchange for voting in favor of Chief Justice Renato Coronas impeachment. This act of the President constitutes the crime of attempted corruption of public officials, as punished under Article 212, in relation to the second paragraph of Article 210, of the Revised Penal Code. YOUTH ACT NOW, et al vs. Aquino, 22 July 2014 x - - - - - - - - - - - - - - - - - - - - - - - x GRAFT AND CORRUPTION Paragraphs 59-60: By realigning at least Php144.4B in funds to at least 116 programs, activities, and projects under the DAP, the President has committed no less than 116 counts of technical malversation. All elements of the crime of technical malversation is present (the President is a public officer, accountable for all the funds appropriated under the GAAs, who applied public funds under his administration to allegedly public uses which the Supreme Court has found to be different from the purpose for which they were originally appropriated by the House of Representatives). YOUTH ACT NOW, et al vs. Aquino, 22 July 2014 x - - - - - - - - - - - - - - - - - - - - - - - x THE 2 ND COMPLAINT IS SUFFICIENT IN SUBSTANCE 1. There is a recital of facts 2. The recital of facts constitute the offenses charged 3. The recital of facts determine the jurisdiction of the committee YOUTH ACT NOW, et al vs. Aquino, 22 July 2014 x - - - - - - - - - - - - - - - - - - - - - - - x __________________________________________________________________
2ND IMPEACHMENT COMPLAINT
YOUTH ACT NOW et al vs Aquino __________________________________________________________________________