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The trial in the Senate of the Ombudsman who was impeached by the House

Articles of impeachment filed against Ombudsman

 

Article I: Fertilizer fund scam

Gutierrez violated her constitutional and statutory duties, as protector of the people, to act promptly on complaints against high-ranking government officials involved in the anomalous use of the P728-million fertilizer fund scam.

Notwithstanding the filing of complaints and the findings and recommendations in Task Force Abono Reports in 2006 and Senate Committee Report No. 54 in 2006 to file appropriate charges against then Agriculture Secretary Luis “Cito” Lorenzo and then Agriculture Undersecretary Jocelyn “Joc-joc” Bolante, Gutierrez has “inexcusably failed” to act promptly on the complaints pertaining to the fertilizer fund scam” for more than five years and failed to file the appropriate cases in court.

Article II: Euro generals scandal

Gutierrez has betrayed the public trust by failing to file appropriate cases against police comptroller Eliseo de la Paz of the “Euro generals scandal,” despite the latter’s admission of a criminal offense and the findings of criminal liability by various government bodies.

On Nov. 15, 2008, De la Paz testified before the Senate blue ribbon committee and committee on foreign relations, and admitted that he brought more than $10,000 outside the Philippines without declaring it at the Bureau of Customs.

Despite the lapse of more than two years from De la Paz’s admission and the submission to the Ombudsman of the findings of the Philippine National Police that De la Paz violated laws, as well as regulations of the Bangko Sentral ng Pilipinas, Gutierrez has failed to file the appropriate cases in court against De la Paz.

Article III: Mega-Pacific deal

Gutierrez has absolved from any criminal liability 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,” Gutierrez has absolved from any criminal liability the Comelec officials and individuals involved in the deal.

Article IV: NBN-ZTE deal

Gutierrez has used the powers of her high office to wrongfully exclude then President Gloria Macapagal-Arroyo from investigation and absolve her husband, Jose Miguel Arroyo, from criminal prosecution stemming from the scandalous NBN-ZTE deal.

Notwithstanding the evidence presented in the Office of the Ombudsman implicating former Comelec chair Benjamin Abalos, Socioeconomic Planning Secretary Romulo Neri and Jose Miguel Arroyo, the Office of the Ombudsman indicted Abalos and Neri but absolved Arroyo’s husband in the NBN-ZTE deal. She also displayed gross incompetence by failing and refusing to investigate the then President.

Article V: Ensign Philip Pestaņo case

Gutierrez has wrongfully absolved the Philippine Navy officers and personnel implicated in the death of Pestaņo, notwithstanding the findings and recommendations of the Senate committees on justice and human rights and on national defense and security, and the UN human rights committee.

The dismissal of the Pestaņo case, coupled with the delay in resolving it, which led the UN human rights committee to declare that the Philippine government violated its obligations under the International Covenant on Civil and Political Rights, shows that Gutierrez has abandoned the Ombudsman’s statutory and constitutional duties.

Article VI: Low conviction record

Gutierrez 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 Gutierrez as head of the Office of the Ombudsman in December 2005, the conviction record for Ombudsman-conducted prosecutions declined. This was highlighted by her performance in 2008 up to the filing of the impeachment complaints and even included a high number of plea bargaining agreements entered into by her office.

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BACKGROUND INFORMATION


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SENATE BLUE RIBBON COMMITTEE PARTIAL REPORT
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FULL REPORT

Blue ribbon panel report is null, void, say senators

 

ABS-CBN NEWS VOTE MAP SHOWING HOW EACH CONGRESSIONAL DISTRICT'S REPRESENTATIVE VOTED ON IMPEACHMENT

WIKIPEDIA: Impeachment of Merceditas Gutierrez

GMA NEWS FEATURE The road to impeachment and beyond

ANC VIDEO SPECIALS:
Impeachment case vs Ombudsman
WASHINGTON POST ARTICLE
 

Philippine lawmakers impeach chief anti-corruption investigator

Ombudsman Merceditas Gutierrez has been accused of failing to investigate allegations against former President Gloria Macapagal Arroyo, top generals and other officials for alleged graft in a nation long gripped by crushing poverty.

After a lengthy debate, 212 lawmakers from the powerful House of Representatives voted to impeach Gutierrez.

Ruling coalition allies of President Benigno Aquino III broke into applause and raised their fists as the votes were announced after the nationally televised session, which lasted into the early hours of Tuesday.

Arroyo, now a House member, led 46 lawmakers in voting against the impeachment. The former president, looking dejected, walked alone out of the flag-draped plenary hall, once the bedrock of her power.

After her impeachment in the lower House, Gutierrez will now be tried in the 23-member Senate, which will act as a court when it reopens in May following a monthlong break.

“If we take out the ombudsman, then the way is clear for an even fight to prosecute Arroyo,” said Risa Hontiveros, an Aquino ally who was among those who filed impeachment complaints against Gutierrez.

The 258-strong lower chamber, which consists mainly of local millionaires and scions of political dynasties, has long been considered a bastion of the country’s corrupt and chaotic politics.

“There are only a few moments when we can be proud to be members of this House,” said left-wing Rep. Teodoro Casino. “This is one of them.”

Corruption, long entrenched in Philippine society, is a politically explosive issue that set off nonviolent “people power” revolts that ousted dictator Ferdinand Marcos in 1986 and popular leader Joseph Estrada 15 years later. It has also sparked several insurrections by disgruntled troops in the last quarter of a century.

Gutierrez, who was justice secretary during Arroyo’s presidency, was accused by several left-wing activists and complainants of betraying public trust when she allegedly mishandled cases and failed to go after Arroyo, Arroyo’s husband, top generals and other officials for alleged graft.

Gutierrez denied the allegations and made an unsuccessful bid to prod the Supreme Court to stop the House impeachment proceedings.

In one of several allegations, Arroyo, her husband and a former elections chief were accused of benefiting from huge kickbacks from a $330 million Philippine government deal with China’s ZTE Corp. to set up a nationwide broadband network. Arroyo canceled the deal in 2007, and all three strongly denied any wrongdoing. ZTE denied bribing any official.

Complainants also accused Gutierrez of failing to go after agricultural officials allegedly involved in a scam to divert millions of dollars in state fertilizer funds to finance the 2004 election campaign of Arroyo and her allies.

Aquino’s spokesman, Edwin Lacierda, hailed her impeachment.

“The House has put an end to the long era of impunity that tarnished our institutions and made a mockery of the bedrock principle of accountability,” he said.

Aquino, son of revered democracy icons, won a landslide victory in last May’s elections on a promise to battle pervasive graft and widespread poverty.

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