The 2nd Impeachment

MANILA, Philippines—Party-list lawmakers seeking the impeachment of Ombudsman Merceditas Gutierrez accused her Wednesday of prostituting her office and declared that under her watch many crimes went unpunished, resulting in a climate of impunity.

Former Senate President Jovito Salonga, who heads a civil society that is spearheading the impeachment complaint, spoke before the House justice committee to support efforts to substantiate the charges against Gutierrez.

“I hope and pray that you will have the serenity of mind, the courage to change the things you can and the wisdom to know the difference,” said Salonga, who was only allowed to speak after a debate that led to the temporary suspension of rules.

The 89-year-old elder statesman also said that while the committee members have the discretion to do what they believe is right, this “is not boundless, for to adopt the language of Justice Oliver Wendell Holmes, your discretion must be canalized within banks that shall keep it from overflowing.”

In seeking Gutierrez’s impeachment for betrayal of public trust and culpable violation of the Constitution, the complainants cited her inaction on the P1.3-billion Mega Pacific case, the P728-million fertilizer fund scam, the “euro-generals” controversy and the World Bank-reported corruption in road projects.

They also accused her of filing defective cases against former Justice Secretary Hernando Perez and of showing bias in dismissing and suspending Iloilo Gov. Neil Tupas and Bataan Gov. Enrique Garcia.

Gutierrez’s defenders are scheduled to speak on Sept. 2. Quezon City Rep. Matias Defensor, chair of the committee that will decide whether the complaint is sufficient in form and substance, said voting on the complaint could also be expected on that day.

A one-third vote, or 88 of the House membership, is needed to approve the complaint and bring it to the Senate for trial.

Inutile and prostituted

“At no other time in history have we seen the Office of the Ombudsman so inutile and so prostituted to serve the ends of the morally bankrupt and corrupt Arroyo government,” said Bayan Muna party-list Rep. Satur Ocampo.

Ocampo said it seemed that Gutierrez was appointed not to go after erring public servants but to ignore the government officials’ greed in raiding the public coffers.

He warned that the failure to punish culprits endangers the people’s right to hold accountable those who betray the people’s interest. “This situation has bred impunity in the commission of offenses against the people,” he added.

Bayan Muna Rep. Neri Colmenares, noting that many crimes go unpunished, said the Ombudsman had abdicated her duty to take the officials to task.

Colmenares said it would be dangerous if public officials would commit offenses, knowing they would not be held accountable for it.

Akbayan party-list Rep. Risa Hontiveros, who spoke on the Commission on Elections’ anomalous Mega Pacific deal for the purchase of automated counting machines, said Gutierrez disregarded the Supreme Court’s findings of irregularities by absolving officials involved of any criminal or administrative liability.

“It similarly mocks the faith and trust which the public has reposed in her office,” she said.

Textbook case ignored

Akbayan Rep. Walden Bello said Gutierrez could have resolved promptly the case of the police general caught with undeclared 105,000 euros since this was a “textbook case.”

Gutierrez could also have acted on the World Bank’s findings on irregularities in the bidding for road projects, but she essentially sat on the data that were made known to her, said Bayan Muna Rep. Teodoro Casiño. The matter is still at the preliminary investigation stage, he added.

Quezon Rep. Lorenzo “Erin” Tañada III and Bukidnon Rep. Teofisto Guingona III said Gutierrez’s orders against Tupas and Garcia, which apparently lacked basis in fact, showed her arbitrariness and partisanship, and violated the governors’ right to due process.

Gutierrez also filed defective cases against Perez, who was accused of extortion, and this was tantamount to inexcusable negligence, said Gabriela party-list Rep. Liza Maza.

Anakpawis party-list Rep. Rafael Mariano also lamented that many parties, including his group, had filed cases in the Office of the Ombudsman regarding the fertilizer fund scam, and yet none of these had prospered.

She will be vindicated

Assistant Ombudsman Mark Jalandoni told the Inquirer that Gutierrez was busy focusing on her job.

“It’s not the decibel of the accusations but the strength of the evidence that matters. In the end, we believe that Ombudsman Gutierrez will be vindicated,” Jalandoni said.

He said the cases being cited by the Ombudsman’s critics were studied carefully by the Ombudsman. “These cases are judicial in nature and we have to follow the legal process,” he said.

Jalandoni noted that in the NBN-ZTE scandal, the Ombudsman conducted a preliminary investigation and its results were now being reviewed. He said that Gutierrez inhibited herself from that case “to dispel any doubts about her integrity.”

The NBN-ZTE scandal involved First Gentleman Jose Miguel Arroyo, who was a classmate of Gutierrez in law school. With a report from Philip C. Tubeza