Ombudsman Merceditas Gutierrez has the financial resources and the personnel to go after corrupt
persons in the government and yet has little to show in terms of convicted grafters, according to one of the prosecutors in
her impeachment trial at the Senate.
Bayan Muna party-list Rep. Neri Colmenares said the House prosecution team would go into the
details of how the Ombudsman spent her average annual allocation of P12.5 million in intelligence funds and P417.25 million
in salaries for her 2,175-member staff during her first four years in office.
Colmenares said Gutierrez’s predecessor, Simeon Marcelo, had an annual allocation of
only P1.4 million in intelligence funds—disposable money of high government officials not subject to state audit—during
his tenure....
“The question is, Where is she using these funds? No major case of corruption was resolved
under her watch,” he said, adding that the House prosecution team would ask the Commission on Audit for a more detailed
probe of the Office of the Ombudsman’s budget in the first four years of Gutierrez.
Colmenares said that with vast resources at her disposal, it was inexcusable for the Ombudsman
to post a low conviction rate and produce sloppy work like the recent plunder case she ordered filed against the persons involved
in the P728-million fertilizer fund scam, including a dead man.
“She spent a total of P49.97 million for her intelligence fund from 2005 to 2009, and
yet she makes these supposed mistakes,” the lawmaker said.
He added: “During the same period, she also spent a total of P1.669 billion in the salaries
and allowances of her … personnel of 2,175, and yet this kind of shoddy work is the result....
Former Sen. Ramon Magsaysay Jr. is open to the idea of taking the witness stand when the
Senate tries impeached Ombudsman Merceditas Gutierrez for her alleged inaction on the P728-million fertilizer fund scam.
Magsaysay, who presided over the Senate inquiry into the scam in 2005 and 2006, has some reservations
about testifying at what is expected to be a high-profile impeachment trial, but said he would do so if necessary.
“I can just make a statement. I don’t have to appear,” he said in an interview.
“But if asked to, I have to appear. I have to serve my duty as a Filipino citizen.”
Bagong Alyansang Makabayan (Bayan), one of the two complainants in the impeachment of Gutierrez,
had been enlisting Magsaysay to join its pool of witnesses and bolster its case against the Ombudsman.
The former senator, now a businessman tending a dairy farm, said that if he did testify, he
would possibly confirm the highlights of the Senate inquiry as well as the recommendations of the investigating agriculture
committee that he then chaired.
In 2006, Magsaysay’s committee recommended that former Agriculture Secretary Luis “Cito”
Lorenzo, former Undersecretary Jocelyn “Joc-joc” Bolante and several other agriculture officials be prosecuted,
and that then President Gloria Macapagal-Arroyo be “held accountable” for mismanagement of the fertilizer fund...
‘Among’ Ed Panlilio’s return to active ministry
dim
Former Pampanga Gov. Eddie Panlilio, whose duties in the priesthood were suspended when he entered politics in
2007, was absent at the Chrism Mass held by the clergy on Maundy Thursday...
Pampanga Archbishop Paciano Aniceto said he had allowed Panlilio to hear the Mass and join the renewal of priestly
vows “but he cannot concelebrate at the Mass since he is still under suspension.”
Panlilio, 57, should have counted 30 years in the ministry, most of them spent in poor communities and implementing
social action programs. But in March 2007, he ran for governor, presenting himself as an alternative to candidates identified
with corruption and illegal gambling, and had to be suspended since this was athwart Catholic Church rules...
The laity had pressed for Panlilio’s candidacy and several priests supported the move, saying his bid was
for the “common good” at a time that the province faced an “extraordinary situation.”...
As governor, Panlilio introduced anti-corruption reforms and at one time exposed a bribe offer in Malacañang after
a meeting of local government executives with then President Macapagal-Arroyo...
In 2010, the Liberal Party fielded Panlilio in the gubernatorial race but he lost...
Exposes of corruption in Armed
Forces by credible AFP
whistle-blowers appear to be irritating military
brass
A ranking official of the AFP...blasted the "whistle-blowers" in the
alleged massive corruption in the military organization during the previous administration, accusing these whistle-blowers
of snitching and putting the military institution in a bad light, just to protect themselves, also implying they themselves
benefitted from the past misdeeds.
In his assumption speech, newly installed AFP-Civil Relations Service (CRS)
chief Brig. Gen. Eduardo del Rosario, however, stressed that the present military leadership is all-out for the truth.
"Those who will be found guilty must be punished to the full extent oftthe law," said Del Rosari..."However, some have observed that the alleged whistle blowers are now coming out
just to protect themselves. But if they will surrender first everything that they have stolen, and then make a confession
in Congress or in court, only then that we can be assured of fair, honest and sincere dispensation of justice," added Del
Rosario...Del Rosario also branded
as "unfair and inaccurate" the recent Pulse Asia survey showing that most Filipinos believed that the AFP is the most corrupt
government agency...
The new AFP-CRS chief also stressed that the alleged corruption in the military
organization is a "thing of the past."
"The alleged sins of corruption by a few ranking military officers and their
accomplices that happened a decade ago, is not the sin of today of about 125,000 soldiers who are honorably rendering their
services nationwide..."
AFP logistics deputy removed on alleged
fuel supply scandal
A ranking military official has been
relieved of his post pending an investigation into alleged irregularities in transactions involving the the Armed Forces of
the Philippines' (AFP) fuel and lubricants supply management.
Commodore Teddy Pan, the AFP deputy chief of staff for
logistics, was relieved of his post to ensure fairness in the investigation by a team of the military’s Judge Advocate
General, AFP Internal Auditor and Provost Marshal General.
“It is an accepted practice in the military establishment
to relieve the commander of the unit or office being investigated in order to pave the way for an impartial and honest investigation,"
said AFP public information office chief Col. Arnulfo Marcelo Burgos on Thursday.
Pan’s office has been recorded
to have distributed and consumed P400 million in petroleum and lubricants for military units from January to March 15 this
year, an amount way above the AFP’s authorized P150 million for one quarter.
The amount gave rise to suspicions that the military has resorted to the illegal “conversion"
scheme to generate funds as "pabaon" or going-away gift for now former AFP chief Gen. Ricardo David, who retired last March
7.
Barredo, who has protested the Ombudsman’s recommendation to charge him with plunder,
said he executed on April 19 a sworn statement detailing how funds were diverted to different pockets and alleging that the
conspiracy went all the way up to Malacañang.
Barredo said Wednesday night that he based his statement that Malacañang was involved
in the scheme on his own observation.
He said that runners like him were told to talk only with allies of then President Gloria
Macapagal-Arroyo and that those who transferred to the opposition were deprived of the funds.
He said he received his instructions from Marites Aytona, the one who was talking with
then Agriculture Undersecretary Jocelyn “Joc-joc” Bolante, considered the point man in the scam.
Despite earlier Palace claims that outgoing Ombudsman Merceditas Gutierrez is the one big stumbling block to President
Aquino’s anti-corruption fight and preventing him from making the previous president accountable for her alleged corrupt
acts during her stay as president by charging her in court, Aquino, through his deputy spokesman Abigail Valte, yesterday
virtually admitted that there are no upcoming cases to be filed against former President and current Pampanga Rep. Gloria
Arroyo and that the Palace is now banking on others to file plunder cases against the former president and her officials.
At the same time, Valte echoed the call of Aquino the other day to the Judicial and Bar Council (JBC) for the body to speed
up the search and selection process of the next Ombudsman.
The call was made by Aquino on the same day Gutierrez had announced her resignation.
Aquino and his allies have been threatening to file criminal cases against the former president, but apparently, despite
their being in Malacañang and in power for 10 months, there apparently has been no review of contracts and other documents
related to the acts of the former president that would incriminate her.
Instead, Valte, in a radio interview yesterday, said Malacañang will be giving the public sufficient notice once the cases
are built and ready for filing, saying the
Cabinet secretaries had already been instructed to come up with an inventory of their departments upon their assumption
to office.
Integrity and the determination to prosecute corrupt government officials are the top qualities that Malacañang seels for
the new appointees. The Palace also said it wants the next Ombudsman to possess the right qualifications, such as having a
reputation of integrity, as the Judicial and Bar Council (JBC) starts inviting applicants who would fill at least three key
vacant positions in the anti-graft body.
By Nestor P.Burgos Jr. Inquirer Visayas,
05/01/2011
The prospect of her own people testifying
against her could have finally pushed Ombudsman Merceditas Gutierrez to quit, the chair of the 11-member impeachment prosecution
panel said Saturday.
Iloilo Rep. Niel Tupas Jr. said the panel had
been considering at least seven senior officials and employees of the Office of the Ombudsman to testify at Gutierrez’s
impeachment trial that would have started after the Senate resumes session on May 9.
“They felt that it is the right time for
them to come out and tell the truth. They have vital insider information that could have been explosive,” Tupas told
the Inquirer in a phone interview.
The lawmaker said that the seven included a
ranking official who had expressed willingness to testify, and that the others were seeking assurance of their families’
security if they took the witness stand.
“The senior official could have been a
surprise witness because of the official’s rank,” said Tupas, who chairs the House committee on justice that heard
the impeachment complaints against Gutierrez.
He declined to name the potential witnesses
for their own security but said their testimonies could have been crucial in proving that Gutierrez had deliberately blocked
the inquiry into the P728-million fertilizer fund scam.
The fund was said to have been diverted to the
election campaign of then President and now Pampanga Rep. Gloria Macapagal-Arroyo in 2004.
Tupas said the prosecutors were still finalizing
arrangements with the potential witnesses when Gutierrez resigned.
THE OFFICE OF THE OMBUDSMAN filed a total of
1,195 cases against ranking government officials before the Sandiganbayan from the time Merceditas Gutierrez assumed office
in December 2005 up to December 2009.
It also filed 2,613 cases against public officials
and government employees in the regular courts within the period. They were charged for various offenses such as anomalous
dealings and misconduct, among others.
The cases filed before the Sandiganbayan included
515 cases filed in 2006, 75 in 2007, 416 in 2008 and 189 in 2009.
Of these, only 223 cases resulted in convictions
under Gutierrez, according to Sandiganbayan records. The number does not include the convictions in cases filed by Gutierrez’s
predecessors.
Of the cases, a total of 221 were filed against
only one official—a mayor in Quezon who had issued permits to transport forest products and was found guilty of usurpation
of functions of the Department of Environment and Natural Resources.
In 2006, 213 government officials were slapped
with administrative cases by the Ombudsman, 143 of whom were dismissed from office.
In 2007, 1,610 were suspended, 8 fined, 27 reprimanded
and 1 demoted. Among those suspended were two mayors and eight of their subordinates and nine top officials of the Department
of Public Works and Highways for their alleged involvement in the controversial P365-million decorative lampposts in Cebu.
In 2008, 1,163 officials and employees were
sanctioned; 396 were dismissed.
In 2009, at least 500 were sanctioned, including
175 who were dismissed.
Lawyers alleged that she authorized a favored deputy to review her own decisions
Former Deputy Ombudsman for Luzon Mark Jalandoni routinely reviewed decisions of his co-deputies and even “overruled”
decisions made by the Ombudsman herself.
Newsbreak earlier reported that Jalandoni was a trusted aide of Gutierrez, whom she brought along with her from
the Department of Justice.
He resigned last April 8 following reports that some sectors have filed complaints against him before the Office of the
President. It was after Jalandoni’s resignation, a source close to Gutierrez told Newsbreak, that she first
considered quitting.
Gutierrez designated Jalandoni to speak on her behalf as well as on behalf of the other officials at the office of
the Ombudsman.
Apparently, Jalandoni also played a vital role in the delays in the resolution of cases filed before the Office of the
Ombudsman, the private prosecutors told Newsbreak.
“He ‘archived’ around 2,000 cases,” said lawyer Stephen David.
By ‘archived,’ David said, he meant that Jalandoni had a hand in deciding whether decisions signed by the Ombudsman
should already be released or not.
Malacañang today assured that a true "tanod-bayan"
will replace Ombudsman Merceditas Gutierrez, who has resigned pending her impeachment trial at the Senate.
"We have been saying this for a long time, that
the Ombudsman that we need is a true tanod-bayan," deputy presidential spokesman Abigail Valte said in a radio interview.
Valte said that Malacañang will make sure that
the new Ombudsman will run after corrupt government officials...
In a press conference, President Aquino asked
the Judicial and Bar Council to start looking for candidates as the next Ombudsman.
Valte said that President Aquino has yet to
reveal his preference for the new Ombudsman. She said an Ombudsman "needs to be someone who has been persistent in the fight
against corruption, with considerable integrity and competence to execute the job."
In her 5-year tenure as Ombudsman, Gutierrez travelled abroad at least 30 times
“I would try my best but I would like to be remembered as a woman with guts”...was the response
of Ombudsman ...Gutierrez to the Judicial and Bar Council (JBC) which asked her—as a nominee to the position then—how
she would like to be remembered as the country’s chief graft buster.
For a time, Gutierrez was true to that gutsy image as she bucked calls from several sectors to quit...
In that JBC interview, conducted on Nov. 17, 2005, Gutierrez pledged that she would be a fearless Ombudsman who will be
“the protector of the people.” Asked if she could meet the requirements of a credible appointee, she replied:
“Yes, with courage.”...
To her critics, she failed miserably to live up to these words.
She has been accused of betraying public trust and for protecting the interests of former President Arroyo, who named her
to the post...
It was a calm, non-combative Gutierrez who faced the media on Friday to announce her resignation—refusing even to
take questions. It was so unlike her previous appearances, when she took the bull by the horn...
It also did not help that she was at odds with then Special Prosecutor Dennis Villa-Ignacio, who also aspired for the Ombudsman
post. Her war with Villa-Ignacio worsened the gridlock in the speedy resolution of cases.
Villa-Ignacio said that Gutierrez stopped the hiring of additional investigators and prosecutors, even if this was one
of the recommendations by Hong Kong-based anti-corruption czar Tony Kwok, who was hired by Marcelo when he was Ombudsman.
When Marcelo left, Kwok stayed on but not for long. We learned that Kwok had warned Gutierrez that he would resign once
he felt that the Ombudsman was encountering credibility problems. Kwok left the country quietly. Newsbreak sent
emails to him but got no reply.
With the centralized resolution of cases, clogging was inevitable, especially if the last signatory, Gutierrez, was always
out of the office.
Out of the country and out of town are the more apt terms.
On record, she was out of the country for around 179 days, equivalent to about six months, in her five years in office.
These exclude her travels to the provinces...
Early on in her stint, Gutierrez convened the multi-sector anti-corruption council as part of the grant conditions given
by the European Commission for anti-corruption prevention project. Initial response from local anti-corruption groups was
encouraging, but this was not sustained.
She may have been the chief graft-buster, but Gutierrez offered no clear direction when presiding over the meeting of the
multi-sector anti-corruption council...
At the height of the impeachment case against Gutierrez before the House of Representatives, a Deputy Ombudsman allied
with Gutierrez asked if the multi-sector anti-corruption council could issue a statement of support for her.
The move never materialized for lack of support from members of the council.
In the end, Gutierrez was all by herself, fighting a battle that she was bound to lose.
Ombudsman employees brace for sad office anniversary
While several employees of the Office of
the Ombudsman shed tears as their boss Merceditas Gutierrez announcedher
resignation, they knew that the sad news came at a least desired time – the office's anniversary.
Gutierrez,
who tendered her resignation personally to President Benigno Aquino III on Friday, will officially vacate her post on the
afternoon of May 6 (a Friday), less than a week before her office celebrates its 23rd anniversary.
"This is really
so sad. And to think we would be celebrating our anniversary on May 12," an emotional Ma. Amelita Garcia, an associate graft
investigator officer III, told GMA News Online after the press conference where Gutierrez announced her resignation.
The
graft investigator admitted that the departure of Gutierrez – who was impeached by the House of Representatives in March
and was supposed to face Senate trial on May 9 – would deal a backlash on the performance of the employees of the Office
of the Ombudsman.
"Siguradong affected ang morale namin nito.We
could really boast of her concern for her staff," Garcia said.
She admitted that she and her fellow employees have
failed to entirely focus their efforts and strength on their jobs because they were constantly being bothered by the non-stop
barrage of criticisms against her.
Bishops urge Aquino to appoint worthy Ombudsman successor
Manila Auxiliary Bishop Broderick Pabillo also said Gutierrez’s resignation on Friday should not stop
the process of making her accountable for her alleged misdeeds.
“Now is the time to watch Aquino’s seriousness
to fight corruption. We’ll see who he is going to appoint as Ombudsman," said Pabillo, who chairs the Catholic Bishops’
Conference of the Philippines’ National Secretariat for Social Action, Justice and Peace, in an article posted early Saturday on the CBCP news site...
...activist priest Jose Dizon of Solidarity Philippines also said that the Ombudsman’s resignation only
proves that the impeachment complaint against her “is strong."
Dizon said the situation now lies in the hand
of Aquino to realize his campaign promise to combat rampant corruption in government.
“This is really a test
for Aquino if he can appoint someone who will go against corrupt former government officials,"
Fight continues despite Ombud's resignation: groups
Legislators and groups pushing for the impeachment of Ombudsman Merceditas Gutierrez vowed Friday to pursue cases against
her and her former boss, Pampanga Representative Gloria Macapagal-Arroyo.
"We will pursue cases against Merci (Gutierrez) and GMA (Arroyo) is definitely next," said Akbayan party-list Representative
Kaka Bag-ao, adding the Ombudsman's resignation Friday only shows that the allegations thrown against her are true.
Gutierrez, who was charged with betrayal of public trust, resigned from her post on Friday, 10 days before the Senate begins
the trial on impeachment case filed against her.
Ombudsman Merceditas Gutierrez has resigned, according to sources at the Office of Political
Affairs in Malacañang.
The sources, who requested anonymity because they are not authorized to talk to media, said
Gutierrez submitted her resignation letter to President Benigno Aquino III Friday morning.
Gutierrez is facing impeachment charges for, among others, alleged neglect of duty in failing
to act on the criminal and administrative cases filed primarily against former president Gloria Macapagall-Arroyo and husband, Jose Miguel.
Gutierrez will hold a press conference later on Friday and speculation is rife that she will
announce her resignation.
Mr. Aquino is also expected to announce Gutierrez's resignation.
Cebu Deputy Ombudsman for the Visayas Pelagio Apostol welcomed her decision.
He also expressed willingness to
be appointed to the post if called upon by the President.
“If I'm forced by the circumstances or called by the
duty to my country and the people, I might accept it,”
Applicants for the Ombudsman post should be natural-born citizens of the Philippines at the time of their appointment,
at least 40 years old, a member of the Philippine bar, must not be a candidate for any elective office in the last elections
and have practiced law for a decade or more.
Under the 1987 Philippine Constitution, the Ombudsman shall be appointed
by the president from a list of six nominees prepared by the Judicial and Bar Council.
Gutierrez's resignation came
amid the Ombudsman-Visayas's dismissal of two cases filed against Cebu Gov. Gwendolyn Garcia and others in relation to the
Cebu International Convention Center (CICC).
Ombudsman Merci resigns, 10 days before Senate trial
Ombudsman Merceditas Gutierrez has
reportedly submitted her letter of resignation to President Benigno Simeon Aquino III, 10 days before her Senate impeachment
trial was set to begin on May 9, reliable sources from both camps said Friday.
According to a high-ranking government
official who declined to be identified until the formal announcement this afternoon, Aquino accepted Gutierrez's resignation.
The report was confirmed by a source close to Gutierrez.
Senators and the congressmen who would be prosecuting Gutierrez
had been preparing for a trial, which was expected to last for several months and would have revisited corruption cases against
former president Gloria Macapagal-Arroyo.
The House of Representatives impeached Gutierrez last March, elevating the
case into a Senate trial.
The following are the articles of impeachment against Gutierrez:
(1) the Office of
the Ombudsman has performed dismally as shown by the low conviction rate during her term;
(2) the unreasonable failure
to take prompt and immediate action on complaints filed against various public officials, including Arroyo and her husband
Jose Miguel Arroyo regarding the controversial NBN-ZTE broadband project;
(3) the inexcusable delay of the Ombudsman
in conducting and concluding its investigation into the wrongful death of Ensign Philip Andrew Pestaño aboard a Philippine
navy vessel;
(4) inaction on the Fertilizer Fund Scam;
(5) inaction on the Mega Pacific deal on the purchase
of voting machines; and
Merci: My loyalty has been to Filipino people, not Arroyo
As she announced her resignation on Friday afternoon, Ombudsman
Merceditas Gutierrez said her loyalty has always been to the Filipino people and not to former President Gloria Macapagal-Arroyo
who appointed her to office five years ago.
At a press conference, Gutierrez said she submitted to President Benigno
Simeon Aquino III on Friday her resignation effective on May 6, or three days before the Senate impeachment trial against
her was set to begin on May 9.
Gutierrez said while she was grateful to Arroyo for having appointed her to office,
her "undivided loyalty" was to the Filipino people, and not to the former President.
"I shall leave this Office with
regret at not completing my term, but with gratitude for the privilege of serving as Ombudsman for the past five years," Gutierrez
said.
"In almost four decades of devoting my life to government service, I have always been guided by the precepts
that the public and moral responsibilities of public officials transcend all other considerations," Gutierrez added.
"It
is in accordance with these principles that I have strived and persevered to build and maintain an unblemished record in public
service. For me, this is the greatest and lasting legacy that I can leave my family, my children and my children’s children,"
she said.
The House of Representatives on March 22 voted to impeach Gutierrez.
One of the articles of impeachment
against the Ombudsman cited her alleged failure to take immediate action on complaints filed against various officials including
Arroyo...
"I wanted to face my accusers whatever the personal agony
it would have involved. But the interests of my family, my Office, and more importantly the nation, must always come
before any personal considerations," Gutierrez said.
"I have not shirked in the face of pressure, have never been cowed
into submission, have never been influenced other than by truth and justice. To leave before the end of my term in December
2012 is abhorrent to me," she said.
"But as a government official, I must place first and foremost the interests of
the Nation, the interest of my Office, and as a mother and wife, my family," she added.
President Benigno Aquino III said this was what he told outgoing Ombudsman Ma. Merceditas Gutierrez
when she showed up at Malaca? Friday morning to personally submit her resignation letter after the administration showed its
resolve to have her impeached.
"I repeated to her that this fight was not personal. I have a commitment to the public to uphold the
Constitution, to which I subscribed to," Mr. Aquino said.
In fact, Mr. Aquino, who before was one of Gutierrez's fiercest critics, found himself on Friday reassuring
her about her security.
The President said he was happy with Gutierrez's "unexpected" resignation as it removed one stumbling
block in the government campaign to go after grafters, particularly persons "of higher priority" than the outgoing Ombudsman.
He added that Congress would now also have more time to tackle the administration's priority bills
instead of focusing on Gutierrez's impeachment.
"Merceditas Gutierrez personally submitted to me her resignation as our country's Ombudsman, effective
May 6," the President said in a press conference.
"Her action has spared the country from a long and divisive impeachment process that would have distracted
our lawmakers from dealing with the many problems that we face today. It also paves the way for the appointment of a new Ombudsman,"
he added.
Mr. Aquino thanked the House of Representatives—which had voted to send Gutierrez to the Senate
for an impeachment trial—and urged the Judicial and Bar Council "to begin the search for a new Ombudsman."
"With the support of the public, we can now proceed more decisively in making government officials
more accountable to their bosses: the Filipino people," Mr. Aquino said.
When asked if Gutierrez was now off the hook, the President said: "I'm not saying Merceditas is the
least priority but there are people who have higher priority."
"Unfortunately, one of the problems of our country is that it takes six years to adjudicate a case.
I have five years and two months to go .... I cannot [charge] everybody ... there has to be a prioritization. I want to be
realistic," Mr. Aquino explained.
"The focus should be on the principles—deliver the message, secure the convictions, and also
to bring the people who have caused crimes [to justice] ... so we can't [charge] everyone," he added.
Mr. Aquino said he thanked Gutierrez for resigning and also acceded to her request that she retain
her security detail.
"How can one not be happy when she did that? How can one not be glad now that there is one less worry
that we would spend time on," he said.
"Of course we are happy that the unexpected happened ... We were really preparing for the impeachment.
The debates in the House were heavy. We were preparing for the Senate," he added.
Mr. Aquino said that securing Gutierrez after she finally leaves office should not be a problem.
"She also asked about her security and I said that that was not a problem. The people protecting her
would continue doing it. I just asked for a formal request," Mr. Aquino said.
"I think that as the Ombudsman, you really go after many powerful people. Maybe she really went after
some who want to take revenge. That would not be right," he added...
The President also said that he was still consulting his legal advisers if the new Ombudsman should
serve out the remainder of Gutierrez's term or have a new full term in office.
STAR
MERCI QUITS,MAINTAINS INNOCENCE
Beleaguered Ombudsman Merceditas Gutierrez submitted her resignation letter to President Benigno
Aquino III today, less than two weeks before the scheduled impeachment hearing against her at the Senate.
Gutierrez’s lawyer, Tomas Syquia, quoted the Ombudsman as saying in her letter: “I am
resigning my office effective May 6. Even as a private citizen, I will still support the efforts of government in stamping
out corruption.”
In a press conference hours after she submitted her resignation, Gutierrez said she personally handed
her resignation to President Aquino around 10:30 a.m.
She said President Aquino, who had thrown strong words against her, was "graciously accommodating"
and gave her kind words during their meeting.
The Ombudsman’s resignation came 10 days before her impeachment trial at the Senate.
The impeachment trial against Gutierrez was set after a majority of House lawmakers pushed for her
ouster based on six allegations, which include inaction in the P728 million fertilizer fund scam, the Euro general case, the
2004 Mega Pacific deal, the NBN-ZTE deal, the Philip Pestano case, the low conviction rate during her term in office.
Gutierrez had insisted on her innocence, saying “My conscience is clear. I have done nothing
wrong. I have done my job as the country’s Ombudsman to the best of my knowledge and capability.”
She also denied protecting former President Gloria Macapagal-Arroyo...
Senator Vicente Sotto III said the resignation “saved
us a lot of headache and a lot of money, and time which is more precious because of the legislation which we need to do before
the break in June.”
Senator Jinggoy Estrada also said that resigning was the best
move because it saved the Ombudsman from humiliation.
Senator Francis Escudero said the resignation did not give
the Ombudsman immunity from cases that may be filed against her in the future.
For his part, Senator Francis Pangilinan, said: “Thank
you, Merci, for sparing us the long and arduous impeachment process.”
Pangilinan said with Gutierrez out of the Office of the Ombudsman,
former president and now Pampanga representative Arroyo's "armor of invincibility" is "surely chipping away."
“Now that Merci is out of the way, GMA’s fortress
will come tumbling down, and we should use this as an opportunity to make the Arroyo administration pay for its corrupt, twisted
ways,” he added.
Meantime, Aquino confirmed this afternoon that Gutierrez visited
her early today to personally hand her resignation letter.
He said Gutierrez’s departure spared Congress from the
long and winding road of impeachment trials.
"Her action has spared the country from a long and divisive
impeachment process that would have distracted our lawmakers from dealing with the many problems we face today," he said.
The President called on the Judicial Bar Council to start
the search for a new Ombudsman that will immediately replace Gutierrez when she leaves the post on May 6.
"With the support of the public, we can now proceed more decisively
in making government officials more accountable to their bosses, the Filipino people," the President said...
Barredo, who has protested the Ombudsman’s recommendation to charge him with plunder,
said he executed on April 19 a sworn statement detailing how funds were diverted to different pockets and alleging that the
conspiracy went all the way up to Malacañang.
Barredo said Wednesday night that he based his statement that Malacañang was involved
in the scheme on his own observation.
He said that runners like him were told to talk only with allies of then President Gloria
Macapagal-Arroyo and that those who transferred to the opposition were deprived of the funds.
He said he received his instructions from Marites Aytona, the one who was talking with
then Agriculture Undersecretary Jocelyn “Joc-joc” Bolante, considered the point man in the scam.
Retired Lt. Col. George A. Rabusa, former military budget
officer and whistle-blower in the fund scandal charged former AFP chiefs-of-staff Diomedio P. Villanueva, Roy A. Cimatu and
Efren E. Abu and former comptrollers Jacinto C. Ligot and Carlos F. Garcia.
"The complaint focuses on a series of the conversion of funds of
the AFP," Noel M. Malaya, the counsel of Mr. Rabusa, told reporters after filing the complaint.
Irregularities cited in the complaint occurred in 2000 to 2004
and involves over P2 billion in misused military funds, he added.
The complaint also cited monthly support, pabaon and pasalubong
(cash gifts) provided to the former chiefs and cash of others in the charge list.
Late former Defense secretary and AFP chief Angelo T. Reyes was
also cited in the case, but his criminal liabilities were extinguished after he committed suicide in February.
Mr. Rabusa has claimed that Mr. Reyes had received about P150 million;
Mr. Villanueva P227.4 million; and Mr. Cimatu P110 million.
Meanwhile, Mr. Ligot received a total of P360 million in questionable
allowances while in office, and Mr. Garcia received P368 million.
Mr. Rabusa also discussed other issues he raised in Senate inquiries,
such as the misuse of United Nations peace-keeping funds in East Timor, the anomalous purchase of ammunition from Thailand
during the presidency of Joseph E. Estrada, and the purchase of unmanned aerial vehicles in 2001.
The comprehensive complaint, Messrs. Rabusa and Malaya said, was
a product of three months of compiling receipts and other documents of the alleged fund misuse in the military...
Rabusa submitted over 20 volumes of evidence containing receipts,
checks and other documents allegedly signed by the respondents during the alleged fund diversion.
More than P530 million was indeed transferred from the Overseas Workers’ Welfare
Administration (OWWA) to the Philippine Health Insurance Corp. (PhilHealth) through an executive order from former President
Gloria Macapagal-Arroyo, records from the Commission on Audit (COA) showed.
Based on the COA annual report in 2006,
Arroyo signed two separate executive orders authorizing the transfer of P530,382,445 supposedly meant to fund health benefit
packages for overseas Filipino workers (OFWs).
Executive Order No. 182, signed on Feb. 14, 2003, transferred the Medicare functions of
OWWA to the PhilHealth.
"This same EO mandates the transfer of Medicare funds administered by OWWA to [PhilHealth],"
according to the COA report obtained by GMA News Online.
A second order, Executive Order No. 382 dated Dec. 28, 2004,
was made to amend EO 182 and provided "that the fund to be transferred shall be in the amount actually needed to fund the
basic OFW Medicare Program for a period of one year to ensure continuity of services to OFWs."
The amount that was
transferred was approved by the OWWA Board of Trustees on February 24, 2005. The transfer also came in two installments of
P300 million (transferred on March 16, 2005) and P230,382,445 (transferred on April 19, 2005).
The fund transfer from
OWWA to PhilHealth was among the basis of a plunder complaint filed by former Solicitor General Frank Chavez and the migrants’ right group Migrante International
against Arroyo.
These were the first words uttered to the media by former Solicitor-General Frank Chavez upon
his filing of a complaint for plunder before the Department of Justice (DOJ) Tuesday against former president and now Pampanga
Congresswoman Gloria Macapagal Arroyo, two of her former alter-egos and another high-ranking government official for the alleged
misuse of Overseas Workers Welfare Administration (OWWA) funds mainly for purposes of Arroyo's reelection bid in the 2004
elections.
The 23-page complaint filed at the Department of Justice (DOJ) on Tuesday named former Arroyo
executive secretary and former Foreign Affairs secretary Alberto Romulo, former Arroyo health secretary and current Civil
Service Commission (CSC) Chair Francisco Duque III, and former OWWA administrator Virgilio Angelo as Arroyo's co-respondents.
Chavez claimed some P554.8-million in OWWA funds derived from contributions of overseas Filipino
workers (OFWs) and their employers were misused by Arroyo, et al., over P530-million of which were transferred from the OWWA
Medicare Fund to the Philippine Health Insurance Corporation (Philhealth/PHIC) in February 2004 to allegedly boost Arroyo's
presidential campaign.
Chavez, who filed the complaint in his capacity as a taxpayer, claimed the transfer was made
possible upon instructions by Arroyo in June 2002 through then Cabinet Secretary Ricardo Saludo for the issuance of guidelines
on "the management and utilization of the OWWA Fund" and "the streamlining of operations and administrative systems and procedures."
For allegedly dipping her fingers into a cookie jar reserved for overseas Filipino workers, former
President Gloria Macapagal-Arroyo so disgusted at least three Malacañang insiders that they helped put together plunder charges
that she is now facing.
Former Solicitor General Frank Chavez Tuesday filed a 23-page complaint claiming that Arroyo, now a
Pampanga representative, misused more than P550 million from the Overseas Workers’ Welfare Administration (OWWA) from
March 2003 to February 2004.
“This was all very well-orchestrated because in all the recommendations made by the respondents,
there was always the handwritten notation made by Gloria Macapagal-Arroyo ‘OK, charge to OWWA funds.’ But the
OWWA funds are funds held in trust by the government and they cannot dip their fingers into the cookie jar that exclusively
belongs to the overseas Filipino workers,” Chavez told reporters.
Chavez said three mid-level officials photocopied the documents for him, which was why all these he
had submitted as bases for his plunder complaint bear Malacañang bar codes.
Chavez’s sources said they pitied the OFWs whose funds were being misused. He said this was in
February 2004 before the presidential elections.
In 2004, critics assailed then President Gloria Macapagal-Arroyo for allegedly authorizing
the diversion to her presidential election campaign of some P4 billion from the Overseas Workers Welfare Administration (OWWA)
funds to the Philippine Health Insurance Corp. (Philhealth).
They said OWWA funds, amassed from the $25 collected from each departing overseas Filipino
worker (OFW), supposedly financed the Philhealth insurance cards which Arroyo distributed during her campaign rallies all
over the country.
Former Solicitor General Frank Chavez, then seeking a Senate seat under Sen. Raul Roco’s
Alyansa ng Pag-Asa, sought the disqualification of Arroyo for allegedly using public funds for her campaign.
Malaca? however explained that the cards, which bore Arroyo’s picture, were part of
the President’s commitment to provide healthcare to poor Filipinos.
In 2005, almost a year after Arroyo won the vote, then Sen. Aquilino Pimentel Jr. called
for her impeachment, claiming she illegally used trust funds. He said that OWWA resources “cannot be used for any purpose
other than that specified in the law that created them.”
In July 2006, questions on the OWWA funds were revived when Philippine Ambassador to Lebanon
Al Francis Bichara claimed that he had not received a single cent from OWWA for the evacuation of Filipinos from war-torn
Lebanon.
Easter 2011. We are commemorating Christ’s resurrection, but our new life as a nation is still a long way
off. Our national resurrection will come only after we have gone through a national conversion, which will involve our ongoing
passion-and-death that leads to a new life. And our passion-and-death at this point in our history is our dual national cross:
corruption and poverty. Remember the campaign slogan of Pres. Aquino before he was elected? “Kung walang corrupt, walang
mahirap!” Let us then ask ourselves: Is this a hopeless situation? In faith, the Lord keeps telling us that it is not.
In fact, there are already signs that we just have to recognize and support through our own efforts and trust in the Lord.
One such sign is the Coalition Against Corruption, and a moving spirit behind this admirable effort is David Balangue,
former chairman of SGV and co-founder of the Tita Cory Movement. Also in this coalition is the Transparency and Accountability
Network (TAN) under Vicente Lazatin which I have previously written about in this column.
In a recent talk that Balangue gave to the Magis Deo Marriage Encounter Community, he emphasized that corruption
has become a part of our culture, which I call a mentality of amorality. The “Okey, lang” mind-set, from
the practice of “lagay” on the local level all the way up to the fertilizer fund scam up there, among our leaders.
To begin with, many poor people have been deprived of quality education in public schools due to corruption. Says Balangue:
“Good education is the best ticket out of poverty and ignorance but continues to be a distant dream for the country
because funds that are supposed to be spent for them were instead stolen by our corrupt government officials.” Moreover,
many of our social and economic infrastructures like health care, housing, jobs, and others have suffered due to graft and
corruption. Based on UN studies, reports Balangue, the Philippines has lost almost US $40 billion to corruption over the last
30 years. Let us support his proposals to combat corruption.
Prevention. Our youth should be educated on the subject of corruption in their respective school curricula, so
that as true citizens, they would demand service and accountability from government officials. Moreover, as Balangue insists,
“we need a law that would require all government units and agencies, including PagCor and the pork barrels of our politicians,
to post quarterly in a prescribed government website all their expenditures in sufficient details, summaries and analysis
for all Filipinos to scrutinize, examine and evaluate.” An alternative to this could be the establishment of a Department
of Procurements “that shall have the sole accountability and responsibility to approve all local and national government
purchases in excess of say, P1 million.”
Detection. “Detection measures should include the public’s review of the government expenditures. A
reward system should be introduced to give monetary awards to those who are able to identify and prove fraudulent purchases
and disbursements.”
Investigation, Prosecution, and Conviction (or acquittal). All of this “should be time bound and resolved
within two months for all cases involving amounts of P50 million or more. An enabling law should be passed to achieve this.
Filipinos have short memories and letting these cases and investigations to drag on for years and decades has contributed
to the corrupt getting away with their crimes.”
For the above legislations to become a reality, I agree with Balangue that we need people power, the citizens’
mass action, and most of all, the active support and even leadership of the Church, toward a corruption-free country! This
will in turn bring us to social justice, especially toward our poor countrymen...
President Aquino is optimistic that the country would be able to rise from darkness and the Calvary of corruption
with the government and the people working together.
“I am one with the Filipino nation in celebrating the Lord’s resurrection from the dead as He saved
mankind from sins,” he said in his Easter message released yesterday.
Aquino said the people should not waver in their faith in God and must continue following His lessons.
“This is the first Easter celebrated by the new administration,” he said.
“No matter how dark the episode we had been through, the advancement of honest and good governance, along
with strong faith and cooperation, would be our foundation to overcome the Calvary that we have to deal with as we came in
(government),” he added.
Aquino said the people must intensify charitable works to manifest God’s love and compassion.
“Let us continue to remember the real meaning of His great sacrifice,” he said.
“Each and everyone of us can contribute to the end of corruption to lift our people from poverty and difficulties.
It is only through this that the people would feel the real light of change," he said.
Aquino wished all Filipinos a peaceful and blessed celebration of Easter.
Effective
Auditing as the Bane of Grand Corruption: A Tale from the Front Lines
Room I2-220 Thursday, April 28, 2011 12:30 - 2:00 pm
Special
Guest: Heidi Mendoza, Commissioner
Commission
on Audits of the Philippines
Host
and Moderator: Sheila Coronel, Director, Stabile Center for
Investigative Journalism, Columbia University
Commentator: Rick Messick, Senior Operations Officer, Department of Institutional Integrity, the World
Bank
Heidi Mendoza
was known as a thorough and effective auditor in the Commission on Audit (COA), having uncovered the misuse of public money
in dozens of cases. In 2005, the outcome of her efforts in a financial audit of the Armed Forces of the Philippines (AFP)
culminated in a report detailing major corruption amongst senior military leaders. The Report was submitted to the Ombudsman
where it languished for several years. Out of disappointment, Ms. Mendoza resigned from COA , the country's Supreme Audit
Institution. In late 2010, the case involving the former Comptroller General of the Army was brought before the Sandiganbayan,
the court that deals with cases involving graft and corruption in Government, which resulted in a plea bargain agreement.
This decision so outraged Ms. Mendoza that, despite risk to her life, she decided to go public with her detailed knowledge
on the case. As reported by the Philippine Daily Inquirer, "Mendoza, a former government auditor, gained national attention
after she spoke out against the plea bargain and appeared as the key witness before Congressional hearings on the case. .
. The former Comptroller General was earlier charged with plunder, but was able to post bail and walk out of jail because
of the plea bargain."
The
Philippines has a reputation for career public officials who work tirelessly to identify and root out corruption. Ms. Mendoza
is one of those people. Unable to pursue the case through the COA, she spoke out to the public, risking her life and career.
The Philippine Congress recently held hearings to discuss Ms. Mendoza’s findings. There, she was able to show her credentials
as a corruption hunter and make public the allegations and evidence for a compelling case of grand corruption. Ms. Mendoza’s
testimony has ultimately led to formal charges being filed against former senior military officials.
What could have been the end of her career,
has turned out to be only the beginning. Inspired by her passion for justice and her commitment to stopping corruption, Philippine
President Benigno Aquino III recently appointed Ms. Mendoza to serve as Commissioner of the Commission on Audit (COA) where
she will be able to help reshape processes of and strengthen the performance of the institution.
Come hear Ms. Mendoza’s story told as never before –
directly by Ms. Mendoza. She will be joined on the panel by Sheila Coronel, Professor of Investigative Journalism at Columbia
University and former Executive Director of the Philippine Center for Investigative Journalism (PCIJ), which has produced
many important and influential investigative reports that have led to charges of corruption against public officials including
a former President (who was eventually impeached and indicted). Also joining will be Rick Messick from INT who has been involved
in assisting corruption fighters in Bank client countries in situations similar to Heidi's.
Who is Heidi Mendoza?
Click here to watch a small video clip
FROM FORTUNE MAGAZINE
Corruption: The biggest threat to developing economies
...corruption, a problem we'd rather not think about...now threatens
the ascension of developing countries into the top tier of world economies. Given its history, optimism on the subject would
be foolish. But while the media and Wall Street focus on more tractable issues like inflation and exchange rates, world
leaders seem perfectly clear on the greatest threat to the future of the BRICs and other emerging economies. Corruption is
the "biggest threat to China," Premier Wen Jiabao told the National People's Congress in March... Developing-market corruption
has reached staggering dimensions. India's telecom ministry apparently siphoned $30 billion from various projects over the
past few years. A Russian activist posted online documents apparently showing a $4 billion fraud in a state-run company's
trans-Siberian pipeline project. In China a minister overseeing the new high-speed rail network is accused of skimming
$152 million (and maintaining 18 mistresses). The threat is broader than it may seem: Corruption discourages the investments
needed for economic progress. In India "high-level corruption and scams are now threatening to derail the country's credibility
and [its] economic boom," says a report from KPMG. The societal effects are subtler and arguably worse. Initiative and ambition
shrivel: Why try hard when effort isn't the source of success? Respect for authority evaporates. Anger and resentment build,
especially as a society becomes richer and the gulf between ordinary citizens and the officially tolerated crooks grows wider.
When Premier Wen declared corruption the biggest threat to China, he wasn't talking about its effect on foreign investors;
he's worried about "social stability." ...reform is extraordinarily hard...especially in big economies where "huge stakes
are on the table." Reform "can degenerate into political payback" by the reformers.
Past scandals in large public projects and programs (PIATCO-terminal 3 project,
ZTE communications project, fertilizer scandal, to cite only projects of recent memory) should be sufficient warning to all.
The scandals are politically charged. True, politics provides the grist for assuring accountability of the parties to a contract.
But the influence of politics could be minimized as basis for project selection if greater reliance is made on competitive
bidding of projects....
In the final analysis, the mother of all mothers of the stifling administrative
and regulatory procedures is rooted in the restrictive economic provisions of the Philippine constitution. All the good things
that were sought in order to regulate the economy could be traced to the efforts to conform to the perceived requirements
of these restrictive provisions.
If we remove these provisions and make them part of the ordinary laws of the land (an
agenda that the current government does not appear to want to deal with), many of the bad regulatory practices can and will
lose their reason for existence...
The bad administrative and regulatory practices that try to preserve the restrictive
economic provisions have spawned a lot of rent-seeking (or unproductive activities that stall the speed of our business processes)...
Corruption reduces domestic investment. It discourages foreign direct investment. It makes
government spending larger than it should be. Worst, it shifts away resources that could go into more important uses for the
nation...
Corruption can reduce total investments. It can distort the investment climate.
Studies have helped establish that bribery is not a necessary inducement (grease) for investment to take place. Corruption
also alters the recipients of economic benefits within a nation, oftentimes resulting in a worse outcome. Greater income inequality
is often a result of a corrupt society. In short, corruption does not have useful consequences for society...Today, the Philippine
society is full of the unenforceable laws. The legal system malfunctions when enforcement fails...
...it must be remembered that assuring the accountability of public officers goes beyond making
the ombudsman accountable for a job that is poorly performed. The impeachment process will put to test whether the accountability
for inaction (or incompetence) is deserving of conviction.
Click below to read the original articles in The Philippine
Star
Partner organizations in this website while it was
actively publishing news excerpts:
Ehem -- the anti-corruption initiative
of the Philippine Jesuits echoes the urgent call for cultural reform against corruption in the Philippines. Ehem
aims at bringing people to a renewed sensitivity to the evil of corruption and its prevalence in ordinary life. It seeks ultimately
to make them more intensely aware of their own vulnerability to corruption, their own uncritiqued, often unwitting practice
of corruption in daily life. Ehem hopes to bring people, in the end, to a commitment to live the way of Ehemplo --- critical
of corruption, intent on integrity!
Management Association of the Philippines MAP is a management organization
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executives from the top local and multinational companies operating in the country, including some top officials of government
and the academe.
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corruption by seeking synergies between Government of the Republic of
the Philippines agencies and civil society at all levels.
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