Some good and not-so-good news regarding Philippine radioactive levels

QUEZON CITY, March 29 (PIA) - The radiation level in the country remains normal from 94 to 118 nSv/hr (nanosieverts per hour) as gathered by the Philippine Nuclear Research Institute (PNRI) at the institute grounds today.

Despite the good news, the PNRI is vigorous in checking the radioactivity in the Philippines as radioisotope presence has already been detected in THE country.

On March 23, the PNRI detected iodine-131 at 33 microbecquerels per cubic meter, cesium-134 at 4.2 microbecquerels per cubic meter, and cesium-137 at 5.7 microbecquerels per cubic meter.

On March 26, iodine-131 is now at 20 microbecquerels per cubic meter, cesium-134 at 0.7 microbecquerels per cubic meter, and cesium-137 at 0.7 microbecquerels per cubic meter.

“Environmental radiation monitoring all over the world including the Philippines has detected very tiny amounts of radioactive isotopes which appeared to be coming from the Fukushima nuclear power plant and which pose no human health hazards,” PNRI report said.

The institute also explained that earlier report on extreme high levels of radiation (10 million times normal) appears to be a report error. The Tokyo Electric Power Company (TEPCO) has already corrected the report. “Nevertheless, high levels of radiation remain inside the nuclear power plant but pose danger only to the emergency workers,” the PNRI says.

For further advisories, PNRI can be reached through telephone numbers 929-6010 to 19. (PIA-NCR/RJB/DBN)

U.P. Integrated School alumni are questioning the basic premises for tearing down U.P.I.S. to give way to yet another Ayala mall.

By Chanda Shahani

Alumni of the University of the Philippines Integrated School (UPIS) are planning to petition U.P. President Alfredo E. Pascual for an audience and a possible public hearing to validate how carefully studied the plan to transfer UPIS to the current Narra Residence Hall in U.P. Diliman was; considering that the deal brokered by the past Roman administration and approved by a majority of the Board of Regents in favor of AyalaLand, Inc. had no public hearing which was in violation of U.P.'s own charter (R.A. 9500).
 
According to two Facebook pages made up of UPIS alumni, "Goodbye U.P. High" and "Let's Go to the Mall," many questions remained unanswered and so far there has been no sufficient dialogue yet with the new U.P. administration, headed by U.P. President Alfredo E. Pascual.

Rowena Bernardo, a UPIS alumni and founder of "Let's Go to the Mall," posted in "Goodbye U.P. High,"

"Dear Fellow Alumni -This is a small update on planned petition to Pascual for a public hearing on the UPIS deal. "

"We have a group represented by Conyap Longid who is making a position paper for a dialogue with Pascual."

"The position paper will be ready on April 1st. The petition though independently launched will have to look into the arguments of the position paper as well as all points gathered from different parties including any and all points that you would like to point out here"

"In essence, I believe that the decision on UPIS does not only affect UPIS but UP as a whole and a conscious query on where we are veering our education. I have enclosed here a link of a UK based online petition website as an example of the functionalities that the online petition I aspire to launch shortly after April 1."

Another UPIS alumnus,Eugene Lirio Tecson, said "I am from Batch 1992, a senior researcher (CSI & CPDRI) a rural development worker (CSI), a political scientist/political economist, and an international studies graduate student from UP Diliman and I would like to share my position, despite the very limited factual information that I have on the issue."

"I am against the transfer of the UPIS school building not because I am sentimental about it but because of the wrong reasons for which it is being transferred. From what I've gathered, the main arguments for the transfer of UPIS is: 1. To generate income for the UP System from the lease payment from Ayala Corp. and 2. To address the safety of the high school students from having to cross a much wider Katipunan Avenue. For me, these reasons are not sufficient grounds to transfer UPIS."

"UPIS as part of a national university should never resort to rely on private investments to sustain its operations. Since it is a national university, a status that is even higher than a state university, the national government is duty bound to provide public investments to sustain its operations. If UP is now considering the entry of private investments, as it already had, then it might as well be fully privatized. One should distinguish the implications of private funds from the UPIS alumni and the private funds that come from private corporations. Funds from alumni associations are donations meant to improve UPIS and have no strings attached or conditionalities. On the other hand, funds coming from private corporations would necessarily have conditionalities since they are profit and competition-driven. That is why these corporations need to set up infrastructure where they can do business during the period that they are leasing the UP property."

"The safety of the students is a flimsier reason. While I don't have a background in architecture/engineering/construction. I can only imagine that it would cost more to build new school buildings than build overpasses to address the safety of the students."

"As a concerned alumni member of UPIS, this is where I am coming from. These ideas do not necessarily represent the ideas of my other batchmates in Batch 1992 but I am hoping we can still debate from a scholarly and scientific standpoint on the merits of the proposed transfer of UPIS."

Meantime, here is a brief summary of the details of the proposed takeover by AyalaLand, Inc. of the current UPIS site along Katipunan Avenue according to "Goodbye U.P. High":

• The transfer of UPIS to the unused Narra Residence Hall  was an unsolicited proposal made by AyalaLand, Inc. to former U.P. President. Emerlinda R. Roman. The Board of Regents rejected it at first because it was not subjected to public bidding.
• The concept and transfer was eventually approved during the very last BOR meeting attended by then President Roman. 
• The new UP President Alfredo E. Pascual has ordered a review of the agreement: Just like the Ayala Tecno-hub in Commonwealth Avenue, the arrangement is a 50 year lease with guaranteed first option. U.P. only gets a percentage of the gross profit from the mall-BPO-condo complex operations. The initial payment will be PhP 200 million in orderto start the ball rolling. 
• All the other details are nebulous. Even the new principal does not know of the plans or timetable for this project. 

Former President Roman's last BOR meeting as U.P. President was on January 27, 2011 where the AyalaLand, Inc.  proposal was approved by a majority of the BOR with some regents, such as Student Regent Jacque Eroles dissenting on the grounds that there needed to be public hearings on the matter, in accordance with R.A. 9500. Outgoing President Roman subsequently turned over the authority of her office to incoming U.P. President Alfredo E. Pascual on February 10, 2011.

(Chanda Shahani is the editor of the Diliman Diary)

House Resolution No . 1091 Introduced by Kabataan Party-List Representative Raymond V. Palatino to investigate U.P. officials for their acts regarding U.P. Cebu-College

A RESOLUTION DIRECTING THE HOUSE COMMITTEE ON CIVIL SERVICE AND PROFESSIONALREGULATIONS TO CONDUCT AN INVESTIGATION, IN AID OFLEGISLATION, ON THE ALLEGED CORRUPTION AND GRAVE ABUSE OFDISCRETION COMMITTED BY UNIVERSITY OF THE PHILIPPINES-CEBUCOLLEGE DEAN DR. ENRIQUE AVILA, BUDGET OFFICER ALSIDRYSHARIF, AND CONSULTANT ERNESTO PINEDA

WHEREAS, on March 1, 2011, the students, faculty, and staff of the University of the Philippines-Cebu College (UP Cebu) filed a petition to the UP President Mr. Alfredo E.Pascual and the UP Board of Regents demanding the resignation of UP Cebu Dean, Dr.Enrique Avila, Budget Officer Alsidy Sharif, and Consultant Ernesto Pineda for allegedlyconspiring to commit acts in flagrant violation of The Anti-Graft and Corrupt Practices Actor Republic Act No. 3019, The Government Procurement Act or Republic Act No. 9184,and The UP Charter of 2008 or Republic Act No. 9500

Read the rest here: House Resolution No . 1091 Introduced by Kabataan Party-List Representative Raymond V. Palatino to investigate active and retired U.P. officials for their acts regarding U.P. Cebu-College

Source: http://www.facebook.com/login/setashome.php?ref=genlogin#!/notes/kristian-jacob-abad-lora/oust-avila-movement-where-are-we-now-are-we-really-moving/10150124034414794

Angara: Procurement reform key in fight vs corruption

MANILA, Mar. 27 (COMSTE/PIA) -- In a recent interview with the World Bank Institute, Senator Edgardo J. Angara emphasized the importance of procurement reform in the government's continuing battle against corruption.

Angara was the principal author and sponsor of Republic Act 9184 or what is now known as the landmark Government Procurement Reform Act passed in 2003.

The veteran legislator spoke about his experience in drafting, lobbying for and ultimately passing one of the biggest anti-corruption laws in the Philippines.

"It's a subject that probably doesn't interest a lot of people although it affects everyone, everyday: how the government procures goods and services. Nevertheless we were able to build a critical mass behind the reform," he said.

This law sought to modernize, standardize, and regulate the procurement activities of the government. Each government agency or branch must conduct competitive and transparent purchases by means of public bidding.

"This law is centered on the principle of transparency. The budget of every agency is known publicly through websites and bulletins, so that anybody, anywhere in the country can put together a tender," said Angara.
Angara recalled that the bill was created to address the ever-present problem of corrupt purchasing and acquisition practices in the government.

"We thought then, we must get rid of lawless frontier where anything goes. This was a time marked by confusion and chaos when it comes to state processes," he explained.

According to Angara, president of the Southeast Asian Parliamentarians Against Corruption, the Procurement Reform Act introduced an innovation to this movement: the creation of a watchdog formed by members of the civil society.

"These people serve as our eyes and ears to guard the process. They provide a very important check-and-balance to the transactions that the state undergoes," said Angara.

Angara concluded with a very simple but striking insight on the nature of reform in a democracy such as in the Philippines.

"Reform doesn't have to begin with a battalion. It can just start with one person," he said. (COMSTE)

"The Joy of Farming" project gains ground

MANILA, Philippines - Let thousands of vegetable garden bloom.

This is practically the goal of a program launched recently by the Quezon City government through the initiative of Vice Mayor Joy Belmonte with the full support of Mayor Herbert Bautista.

Endearingly called “The Joy of Farming”, the program took root at the Quezon City Memorial Circle in Diliman. It aims to set 50,000 vegetable gardens in the city.

Read the rest here: "The Joy of Farming" project gains ground

Diliman Video of the Week: "Bloom"

An unlikely romance between a boy destined for the political arena and a free-spirited, eccentric girl meets a bittersweet end when they realize that sometimes, loving means letting go.

"Bloom"

Cast: Justin Regalado, Marianne Somera

Written, directed and produced by: Camille Dimaculangan, Audrey Elumba, Marvin Magallona

Special thanks to Raisa Butalid and Rizo Ricebowls and Mocktails Katipunan

This is a drama production created for the BC 128 (Producing Pre-Recorded Television And Related Media Programs) class of 2nd sem AY 10-11 under Prof. Jun Austria, College of Mass Communication, University of the Philippines, Diliman

"Bloom" is inspired by the legend of the Dama de Noche: http://aralingpinoy.blogspot.com/2009/05/legend-of-dama-de-noche.html

This short is based on the legend's theme: how are we motivated by love to find ways to evolve or transform ourselves? It challenges the idea of to whom that love is directed, breaking away from the traditional norms and notions of undying love.

Court of Appeals uplholds Q.C. RTC ruling in U.P. PGH Directorship case, Joegon to remain as Director

THE COURT of Appeals has upheld a trial court ruling that prevented the director of the Philippine General Hospital (PGH) from assuming his post after his appointment was questioned in court.

In a decision promulgated March 18, the appellate court’s Special Sixteenth Division affirmed the resolution of the Quezon City Regional Trial Court that granted a writ of preliminary injunction on Dr. Rolando Enrique D. Domingo from assuming his post as director of PGH.

In his stead, the trial court ordered Dr. Jose C. Gonzales to continue serving as the director of the hospital in Manila.

Read the rest here: Court of Appeals upholds Q.C. RTC ruling in U.P. PGH Directorship case, Joegon to remain as Director

Commentary: A water substation in U.P. Diliman becomes a venue for political art and presents an opportunity to ask some tough questions

By Chanda Shahani

Here are new photographs of the water substation in the University of the Philippines at Diliman campus, which previously showed an "unauthorized organism" flicking its evil tongue out and capturing portions of U.P.'s dwindling revenue streams. Last summer, we took pictures of it to dramatize and highlight financial irregularities going on with respect to the unremitted funds of the University Hotel, as reported by the Commission on Audit (COA) in latest consolidated audited annual report (see: http://diliman-diary.blogspot.com/2010/05/university-of-philippines-at-dilimans.html).

It is not yet clear to us if the new U.P. administration, headed by U.P. President Alfredo E. Pascual has already acted on COA's complaint that the monopolistic revenues of the University Hotel (the only place inside U.P. campus proper where it is possible to get a "legal" bottle of beer at PhP 50.00 a bottle) need to be put under the scrutiny of COA auditors in the interests of financial transparency and good governance. We do intend to follow up on this story for the benefit of our readers.

In the interim, the U.P. Diliman administration has painted over the offending "unauthorized organism" portrayed in urban graffiti or visual art on the water substation referred to in our previous dispatch, but the irrepressible hands of an unknown artist has put in new visual art to dramatize the challenges facing the new U.P. administration (see pictures embedded below).

The pictures show President Benigno S. Aquino III gleefully cutting pencils in two, which symbolizes President Aquino's cutting of the budgets of state universities and colleges last year, including those of the U.P. System.

President Pascual will have to fight hard to obtain ways and means to supplement U.P.'s budget, but it is to be admitted that U.P. has a serious image problem with the Department of Budget and Management (DBM) which is in the process of finalizing its 2011 budget call for the entire national government this year. As Budget Secretary Butch Abad has said, DBM reads COA's reports, aside from closely consulting with the affected government departments. Unfortunately, President Aquino, Senate Finance Commitee Chairperson Franklin Drilon and Secretary Abad, who are all high-ranking officials of the Liberal Party have said they believe U.P. has a lot of unused revenues and is awash with cash. Therefore, why increase its budget?

These are the tough questions being asked by President Aquino, et al. and with COA's 2009 CAAR vociferously complaining about the past U.P. administration's inaction with respect to the unreported revenues of the University Hotel, as well as COA's criticism of university-related foundations efffectively declining to open its books to COA, the most visible one being the University of the Philippines Foundation, Inc. -  which is headed by whoever is the sitting U.P. President. COA is calling for university officials to no longer head these foundations and to open their books to COA, so as to preserve the integrity of the university (see: http://diliman-diary.blogspot.com/2010/06/interlocking-directorates-between_20.html). It is no suprise therefore, that the Aquino administration thinks that U.P. has lots of money; but really there is no empirical basis to confirm or deny this until the U.P. Foundation, the University Hotel and other revenue-generating assets of the university allow complete scrutiny of their books, as COA has been insisting for the past six years.

So as U.P. President Pascual inevitably sits down in executive session with DBM officials and both houses of congress this year to discuss why U.P.'s budget needs to be increased as a long-term investment in a brains trust, charged with helping to ensure the long-term viability of the Filipino nation; he needs to have such issues such as the unaudited books of the U.P. Foundation and University Hotel properly addressed beforehand, as DBM officials and legislators are entitled to ask how much money U.P. actually has and what are the case-to-case restrictions on their use before committing public funds for the unaddressed funding gap. This is the only way that a rational decision can be made, employing the best possible baseline data beforehand.

(Photos by Chanda Shahani)

Japan finds 11 types of vegetables in Fukushima over radioactive safety standards

TOKYO, March 23 (PNA/Xinhua) -- The Japanese government on Wednesday urged people not to eat 11 types of vegetable grown near the quake-hit Fukushima Daiichi nuclear power plant in northeast Japan after levels of radioactivity in the produces were found to have far exceeded legal limits.

The Health, Labor and Welfare Ministry said consumers should avoid eating potentially contaminated vegetables grown near the faltering power plant, including broccoli, spinach, cabbage and cauliflower.

The advisory from the ministry came following consultations with the Nuclear Safety Commission of Japan.

The ministry said the vegetables should not be consumed for the time being and noted that the National Federation of Agricultural Cooperative Associations has halted shipments of potentially contaminated produce as of Monday.

According to the health ministry, consuming 100 grams of the most contaminated vegetable for 10 days is the equivalent of ingesting half the amount of radiation a person would typically be exposed to in the natural environment in one year.

More than 160 times the safety standard of radioactive cesium were detected in a leafy vegetable known as "kukitatena," according to tests, along with levels of radioactive iodine that were seven times over the legal limit in Fukushima Prefecture.

The prefecture has been instructed to refrain from consuming and shipping turnips and similar green leaf vegetables grown in the prefecture including, "shinobufuyuna," "santona," "chijirena," "kosaitai" and "aburana" rape vegetables.

Fukushima Prefecture previously received an official order from the government to halt all shipments of parsley and raw milk and on Wednesday neighboring Ibaraki prefecture received the same order to halt its shipments of raw milk and parsley. (PNA/Xinhua)

Imperialist Troops Out of Libya , Now! Stop the Slaughter in Libya !

Statement of the Congress of Teachers/Educators for Nationalism and Democracy-University of the Philippines (CONTEND-UP)*

March 23, 2011

The Congress of Teachers/Educators for Nationalism and Democracy call on our colleagues and students to take a unified stand on the United States-lead war of aggression against the people of Libya . U.S. President Barrack Obama’s military operations in Libya “to prevent human catastrophe” is a worn-out imperialist ruse to convince the whole world that the United States and its imperialist allies are all out to export democracy to places where it does not exist.

First of all, any democratic regime can only be spawned by the people’s struggle for national sovereignty. Freedom from imperialist control of all forms is a necessary condition for the construction of genuine democracy. In the case of Libya , President Obama merely re-enacts the fatal schemes of former President Bush in the well-directed slaughter of the people of Iraq soon after 9-11. Clearly, the current US president who talked about change is now the architect of intransigent foreign policy that is poised to claim human lives and enforce the worst kind of societal destruction.

Second, America ’s interest in oil is no longer a secret agenda in its imperialist engagement with “war against terror.” Imperialism’s strategy of accumulation requires wars to be launched against nations like Libya whose profitable oil resource potentially serves America ’s own economic crisis due to its expansionist interests and methods. Imperialist America ’s economic interests and its obstinate drive to realize these have caused the nation to be locked up in a vicious cycle of its own drive for profit accumulation that leads to imperialist expansion, and which inevitably leads to deeper crisis. And the cycle repeats itself at the expense of thousands upon thousands of peoples who are supposed to assimilate America ’s brand of democracy. The cost of which is nothing less than peoples’ lives.

Third, the U.S. maintains its power over its semi-colonies and control over the United Nations through its preservation, expansion and assertion of military power. To this day, it finances its own military forces scattered strategically around the globe. Apart from the billions that it allocates for its military forces in the home front, the Obama regime, no different from its predecessors, drowns its semi-colonies with foreign debt dedicated to military servicing to ensure that military operations in strategic nations are in line with imperialist schemes. This is why at a moment when people in Libya are being bombed to death, no head of state nor any branch of government outside of Mission Creep’s direct victim has released a statement against the human slaughter that is happening in Libya as we speak. Imperialist America has led the world to a situation where military power reigns supreme over a democratic claim to civilian supremacy.

Ghadafi is no saint for his country. But that can never justify all forms of imperialist attacks against the people of Libya . They, like all non-westerns, deserve the right to struggle against all forms of corruption and dictatorship in their own land as a free people. In the spirit of international solidarity with all progressive and anti-imperialist movements around the world, we call for the immediate ceasefire on the attacks of the Western coalition against Libya .


Down with fascism that hides behind western liberal democracy!
Down with Imperialism!
Down with Imperialist Wars!
Stop the War in Libya !
Justice for the Libyan People!

*CONTEND-UP is a member of UP Kilos Na, an alliance of student, faculty, staff, community organizations in the University of the Philippines .

The Congress of Teachers/Educators for Nationalism and Democracy or CONTEND is a progressive organization of academics based in the University of the Philippines-Diliman.

mabuhayradio.com: What If the Big One Hits Metro Manila and Its Dams Collapse as a Tsunami Rolls in from Manila Bay?

Under the heading “Earthquakes and dams,” Mon Ramirez, a University of the Philippines (UP) trained engineer, posted on the Facebook last Monday, March 14, 2011, at 5:26 p.m.: “We have no nuclear power plant but we have more than 30 hydro-power plants with their associated dams that supply most of our electricity in combination with some geothermal plants and fossil-powered plants.”

Can these dams withstand a Japan 3-11 earthquake and not crumble down and flood the communities downstream like a tsunami? Two years ago, during a storm, when San Roque dam had to suddenly release some water, the devastation and deaths in the Pangasinan were record high. The warning system did not work well, too, resulting in more deaths.

Maybe today is the best time for the government and engineers and scientists to take a truly hard look at these dams and review contingencies if there are any in place.

Read the rest here: What If the Big One Hits Metro Manila and Its Dams Collapse as a Tsunami Rolls in from Manila Bay?

HOUSE RESOLUTION IMPEACHING MERCEDITAS GUTIERREZ FOR BETRAYAL OF PUBLIC TRUST

By Judy M. Taguiwalo

With a vote of 210 for, 47 against and 4 abstention, the Lower House approved the resolution impeaching Ombudsman Gutierrez. Only 1/3 of the total members of the HOR or 95 votes were needed to pass the resolution. The impeachment now moves to the e Senate where 2/3 or 16 votes  out of the 23 senators aren needed to convict the Ombudsman.

ACT Teachers partylist Rep. Antonio Tinio explained his vote for the impeachment: " Walang aksyon, walang hustisya. Sa wakas, naaaninag na ang araw ng pagtutuos."

RESOLUTION IMPEACHING OMBUDSMAN
MA. MERCEDITAS NAVARRO-GUTIERREZ
FOR BETRAYAL OF PUBLIC TRUST

Introduced by:  Representatives Niel C. Tupas, Jr., Rodolfo C. Fariñas, Reynaldo V. Umali, Romero Federico S. Quimbo, Raul A. Daza, Lorenzo R. Tañada III, Neri J. Colmenares, and Kaka J. Bag-ao

RESOLVED, that Ombudsman Ma. Merceditas Navarro-Gutierrez, is impeached for betrayal of public trust pursuant to Article XI, Section 2 of the Constitution and that the following Articles of Impeachment be exhibited to the Senate of the Republic of the Philippines by the House of Representatives of the Republic of the Philippines in its own name and that of the Filipino people against said Ombudsman Ma. Merceditas Navarro-Gutierrez, in maintenance and support of its impeachment against her.

ARTICLE I

THE FERTILIZER FUND SCAM

Ombudsman Ma. Merceditas Navarro-Gutierrez violated her constitutional and statutory duties, as protector of the people, to act promptly on complaints against public officials or employees of the government and enforce their administrative, civil, and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people, and has betrayed the public trust by inexcusably failing (1) to act promptly on the complaints filed and (2) to file the appropriate cases in court against high ranking government officials involved in the anomalous use of the Php728 Million “Ginintuang Masaganang Ani” (GMA) Program or the “Fertilizer Fund Scam”.

Notwithstanding the filing of complaints and the findings and recommendations in the Task Force Abono Reports in 2006, the Senate Committee Report No. 54 in 2006 and the Commission on Audit to file the appropriate charges against then Agriculture Secretary Luis “Cito” Lorenzo and then Agriculture Undersecretary Jocelyn “Joc-Joc” Bolante, among others, Ombudsman Ma. Merceditas Navarro-Gutierrez has inexcusably failed to act promptly on the complaints pertaining to the “Fertilizer Fund Scam” for more than five (5) years and failed to file the appropriate cases in court. This is contrary to the Ombudsman’s duty to give priority to complaints filed against high ranking government officials and/or those occupying supervisory positions, and complaints involving grave offenses and large sums of money and/or properties.

Ombudsman Ma. Merceditas Navarro-Gutierrez has acted in a manner that violates her oath and constitutional duty, has undermined the integrity of her office, has brought disrepute to the Office of the Ombudsman, and has acted in a manner contrary to the Constitution, law and justice, to the prejudice and manifest injury of the Filipino people rendering her unfit to continue in office.

Such conduct of Ombudsman Ma. Merceditas Navarro-Gutierrez warrants her conviction for betrayal of the public trust, and removal from office and disqualification to hold any office under the Republic of the Philippines.


ARTICLE II

EURO GENERALS SCANDAL

Ombudsman Ma. Merceditas Navarro-Gutierrez violated her constitutional and statutory duties, as protector of the people, to act promptly on complaints against public officials or employees of the government and enforce their administrative, civil, and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people, and has betrayed the public trust by inexcusably failing to file the appropriate cases in court against Philippine National Police (PNP) Comptroller P/Dir. Eliseo De la Paz of the “Euro Generals Scandal,” despite the latter’s public admission under oath of a criminal offense and the findings of criminal liability by various government bodies.

On 15 November 2008, P/Dir. De la Paz, testified before the Senate Blue Ribbon Committee and Committee on Foreign Relations, and openly admitted therein that he brought an amount equivalent to more than US$10,000.00 outside the Philippines without declaration thereof to the Philippine Bureau of Customs.

Despite the lapse of more than two (2) years from the admission made by P/Dir. De la Paz and the submission to Ombudsman Ma. Merceditas Navarro-Gutierrez of the findings of the PNP that P/Dir. De la Paz violated laws, as well as regulations of the Bangko Sentral ng Pilipinas, Ombudsman Ma. Merceditas Navarro-Gutierrez has failed to file the appropriate cases in court against P/Dir. De la Paz.

Ombudsman Ma. Merceditas Navarro-Gutierrez has acted in a manner that violates her oath and constitutional duty, has undermined the integrity of her office, has brought disrepute to the Office of the Ombudsman, and has acted in a manner contrary to the Constitution, law and justice, to the prejudice and manifest injury of the Filipino people rendering her unfit to continue in office.

Such conduct of Ombudsman Ma. Merceditas Navarro-Gutierrez warrants her conviction for betrayal of the public trust, and removal from office and disqualification to hold any office under the Republic of the Philippines. 


 ARTICLE III

THE MEGA-PACIFIC DEAL

Ombudsman Ma. Merceditas Navarro-Gutierrez violated her constitutional and statutory duties, as protector of the people, to act promptly on complaints against public officials or employees of the government and enforce their administrative, civil, and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people, and has betrayed the public trust by absolving from any criminal liability the Commission on Elections (COMELEC) officials and private individuals involved in the anomalous billion-peso contracts for the automation of the 2004 elections known as the “Mega Pacific Deal”.

Notwithstanding the findings of the Senate and the Supreme Court in Information Technology Foundation of the Philippines, et. al. vs. Commission on Elections et. al. (GR No. 159139, January 13, 2004), that “COMELEC and its officials concerned must bear full responsibility for the failed bidding and award, and held accountable for the electoral mess,” Ombudsman Ma. Merceditas Navarro-Gutierrez has absolved from any criminal liability the COMELEC officials and private individuals involved in the “Mega Pacific Deal”.

Ombudsman Ma. Merceditas Navarro-Gutierrez has acted in a manner that violates her oath and constitutional duty, has undermined the integrity of her office, has brought disrepute to the Office of the Ombudsman, and has acted in a manner contrary to the Constitution, law and justice, to the prejudice and manifest injury of the Filipino people rendering her unfit to continue in office.

Such conduct of Ombudsman Ma. Merceditas Navarro-Gutierrez warrants her conviction for betrayal of the public trust, and removal from office and disqualification to hold any office under the Republic of the Philippines.


ARTICLE IV

NBN-ZTE DEAL

Ombudsman Ma. Merceditas Navarro-Gutierrez violated her constitutional and statutory duties, as protector of the people, to act promptly on complaints against public officials or employees of the government and enforce their administrative, civil, and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people, and has betrayed the public trust by using the powers of her high office, personally and through her subordinates and agents, to wrongfully exclude President Gloria Macapagal-Arroyo from investigation and absolve her husband, Jose Miguel Arroyo, a former classmate of the Ombudsman, from criminal prosecution stemming from the scandalous NBN-ZTE broadband contract (the “NBN-ZTE Deal”).

Notwithstanding the evidence presented before the Office of the Ombudsman implicating former COMELEC Chairman Benjamin Abalos, National Economic Development Authority (NEDA) Secretary Romulo Neri and Jose Miguel Arroyo, the Office of the Ombudsman indicted Benjamin Abalos and Romulo Neri but absolved Jose Miguel Arroyo in the NBN-ZTE Deal, and displayed gross incompetence by inexcusably failing and refusing to investigate President Gloria Macapagal-Arroyo.

Ombudsman Ma. Merceditas Navarro-Gutierrez has acted in a manner that violates her oath and constitutional duty, has undermined the integrity of her office, has brought disrepute to the Office of the Ombudsman, and has acted in a manner contrary to the Constitution, law and justice, to the prejudice and manifest injury of the Filipino people rendering her unfit to continue in office.

Such conduct of Ombudsman Ma. Merceditas Navarro-Gutierrez warrants her conviction for betrayal of the public trust, and removal from office and disqualification to hold any office under the Republic of the Philippines.


ARTICLE V

ENSIGN PHILIP PESTAÑO CASE

Ombudsman Ma. Merceditas Navarro-Gutierrez violated her constitutional and statutory duties, as protector of the people, to act promptly on complaints against public officials or employees of the government and enforce their administrative, civil, and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people, and has betrayed the public trust, personally and through her subordinates and agents, by failing to act promptly and by wrongfully absolving the Philippine Navy officers and personnel implicated in the death of Navy Ensign Philip Andrew Pestaño, notwithstanding the findings and recommendations of the Senate Committees on Justice and Human Rights and on National Defense and Security, and the United Nations Human Rights Committee.

The eventual dismissal of the Pestaño case, coupled with the delay in resolving the same, which led to the issuance by the United Nations Human Rights Committee of its Views declaring that the Philippine Government violated its obligations under the International Covenant on Civil and Political Rights (ICCPR), manifests that Ombudsman Ma. Merceditas Navarro-Gutierrez has abandoned the Ombudsman’s statutory and constitutional duties, has undermined the integrity of her office, has brought disrepute to the Office of the Ombudsman, has acted in a manner contrary to her oath, the Constitution, law and justice, and has betrayed the public trust, to the prejudice and manifest injury of the Filipino people, rendering her unfit to continue in office.

Such conduct of Ombudsman Ma. Merceditas Navarro-Gutierrez warrants her conviction for betrayal of the public trust, and removal from office and disqualification to hold any office under the Republic of the Philippines.


ARTICLE VI

LOW CONVICTION RECORD

Ombudsman Ma. Merceditas Navarro-Gutierrez violated her constitutional and statutory duties, as protector of the people, to act promptly on complaints against public officials or employees of the government and enforce their administrative, civil, and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people, and has betrayed the public trust by her dismal performance, as shown among others, by the Office of the Ombudsman’s low conviction record, manifesting a level of incompetence and inefficiency amounting to a dereliction of duty.

Upon assumption by Ma. Merceditas Navarro-Gutierrez as head of the Office of the Ombudsman in December 2005, the conviction record for Ombudsman-conducted prosecutions has declined, highlighted by her performance in 2008 up to the filing of the impeachment complaints, and even includes a high number of plea bargaining agreements entered into by the Office of the Ombudsman.

Ombudsman Ma. Merceditas Navarro-Gutierrez has acted in a manner that violates her oath and constitutional duty, has undermined the integrity of her office, has brought disrepute to the Office of the Ombudsman, and has acted in a manner contrary to the Constitution, law and justice, to the prejudice and manifest injury of the Filipino people rendering her unfit to continue in office.

Such conduct of Ombudsman Ma. Merceditas Navarro-Gutierrez warrants her conviction for betrayal of the public trust, and removal from office and disqualification to hold any office under the Republic of the Philippines.

Adopted,


NIEL C. TUPAS, JR.
Chairman
Committee on Justice

RODOLFO C. FARIÑAS                  

ROMERO FEDERICO S. QUIMBO

REYNALDO V. UMALI                  

RAUL A. DAZA

LORENZO R. TAÑADA III              

NERI J. COLMENARES

KAKA J. BAG-AO


(Judy M. Taguiwalo is the former Faculty Regent of the University of the Philippines. She is currently a professor of the College of Social Work and Community Development at U.P. Diliman)