SENATE RECEIVES ARTICLES OF IMPEACHMENT: Senate Secretary Emma Lirio Reyes receives the articles of impeachment that will be used against Ombudsman Merceditas Gutierrez from Representatives Niel Tupas, Rodolfo Fariñas, Erin Tañada and Rey Umali. (PRIB Photo by Alex Nuevaespaña)
Press Release
I have been attacked numerous times, though unjustly and without basis. Many of these attacks have been coming not only from my usual detractors but from no less than the President of the Republic himself.
Despite his repeated pronouncements, mostly before graduating students of various schools in Metro Manila, that he is “at war” against me, I have chosen to be silent mainly because I have deep respect to the institution that the President represents.
Despite the open call of the President to impeach me and his calling on the people, especially young students, to support the impeachment proceedings against me, I would not engage him in a word war before the public as this would only demean both of us, especially in this season of Lent.
Just the same, the case against me is now with the Senate. The Senate should be allowed to do its job without any interference or pressure. I have always expressed my willingness to take part in the legal processes because it is the only way the issues raised against me will be resolved.
I am willingly submitting myself before the Senate as an impeachment court not only because I am confident that I will be vindicated in the end but also because the Senate as an institution should be protected against any perceived pressure or partiality.
I have always believed in and strived for the preservation of institutions. Institutions must be preserved and protected and not demeaned and destroyed. Otherwise, we go back to tyranny and dictatorship where the rule of those in power reigns supreme over reason and the rule of law.
Despite all that he has said and done, I maintain my deep respect for the President.
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)
The progressive party-list bloc in the 15th Congress firmly believes that the impeachment case against Ombudsman Merceditas Gutierrez can and will prosper if President Aquino and the Liberal Party-led coalition in the House musters the political will to make sure it does. The impeachment complaint only needs 90 signatures of endorsement and the articles of impeachment can immediately be sent to the Senate for trial.
It is incumbent upon the President and the LP leadership to ensure that the impeachment complaints succeed. Ombudsman Gutierrez’s removal from office remains the litmus test of Pres. Aquino’s promise to hold former president Arroyo and her cohorts accountable for their crimes. Only with a credible and competent Ombudsman can his administration expect to curb corruption.
The House will not find it hard to impeach the Ombudsman. The complaints filed by leaders of various people’s organizations and NGOs clearly show that the Ombudsman betrayed the public trust and culpably violated the Constitution by her failure to act promptly and effectively investigate and prosecute those involved in the fertilizer fund scam, the Comelec-Mega Pacific automation contract, the Euro generals incident and the NBN-ZTE deal.
Therefore, we call on the President to stand firm on his publicly-declared intention of removing the Ombudsman from office. It bothers us that the President seems to have backtracked on his earlier, critical position vis-à-vis the Ombudsman. The President should show everyone that he is serious in taking the straight path and in removing one of its biggest obstacles.
The case against Gutierrez is unique. For the first time in many years, impeachment proceedings are being initiated from the ranks of the majority. Thus we call on the House leadership to mobilize its numbers to ensure the successful impeachment of the Ombudsman. If 90 signatures cannot be gathered for immediate transmittal of the complaint to the Senate, the House leadership must make sure that the complaints are consolidated, given a fair hearing, and voted upon based on their merits.
The new leadership, especially the President, is now in a position to ensure not a tyranny of numbers but a proper hearing and resolution of the case which was denied us in the previous Congress. We hope they do not disappoint our people.
The Justice Committee has its work cut out for it with the simultaneous referral to it last August 11 of the two impeachment complaints against the Ombudsman. The next step is to consolidate the two complaints into one impeachment proceedings. Courts as a rule consolidate similar complaints. Congress as a matter of routine also consolidates bills on the same issue. This legal principle of consolidation is the reason why impeachment rules do not prohibit consolidation in anticipation of impeachment complaints simultaneously referred and initiated.
TEDDY A. CASIÑO
Bayan Muna Party-list
NERI JAVIER COLMENARES
Bayan Muna Party-list
RAFAEL V. MARIANO
Anakpawis Party-list
LUZVIMINDA C. ILAGAN
Gabriela Women’s Party
EMY DE JESUS
Gabriela Women’s Party
RAYMOND V. PALATINO
Kabataan Party-list
ANTONIO L. TINIO
ACT Teachers Party-list
Editor's note: A note from the Facebook page of U.P. Diliman Department of English and Comparative Literature Professor Cristina Pantoja Hidalgo, entitled "WHY AM I BEING HOUNDED BY THE OFFICE OF THE OMBUDSMAN," (http://tinyurl.com/27ulyg9) shows that the Office of the Ombudsman may already be running amuck as it fails to investigate and prosecute the real criminals in government. The Diliman Diary strongly objects to official ineptitude and corruption by government officials both inside and outside the Diliman area, including the Office of the Ombudsman, which is located in Agham Road, Diliman, Quezon City.
