So The Public May Know
1) Who Is She?
She holds many records:
- For the first time in Philippine history, the House of Representatives has impeached the Ombudsman.
- She assumed the Office of the Philippine Ombudsman on December 1, 2005 as the first female to head the post.
- She was the classmate of former First Gentleman Mike Arroyo.
- She failed the Philippine bar exams in her first attempt, but after a year she passed it with an average grade.
2) Articles Of Impeachment
House Resolution No. 1089, which calls for the impeachment of Ombudsman Ma. Merceditas Navarro-Gutierrez for betrayal of public trust, is pursuant to Article XI, Section 2 of the Constitution.
The resolution was 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.
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 Pestaño case
Gutierrez has wrongfully absolved the Philippine Navy officers and personnel implicated in the death of Pestaño, 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 Pestaño 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. From Inquirer
3) Who Voted Against The Impeachment Resolution?
By the way, here’s the list of the 46 Representatives who voted against the impeachment of Gutierrez:
Albano, Rodolfo B.
Alcover, Pastor Jr. M.
Andaya, Rolando Jr. G.
Antonino, Rodolfo W.
Aquino, Jose II S.
Arroyo, Diosdado Macapagal
Arroyo, Iggy T.
Arroyo, Iggy T.
Bagasina, Catalina C.
Bataoil, Leopoldo N.
Bichara, Al Francis DC.
Biron, Ferjenel G.
Cagas, Marc Douglas IV C.
Calimbas-Villarosa, Ma. Amelita A.
Celeste, Jesus ‘Boying’ F.
Cua, Dakila Carlo E.
Datumanong ,Simeon A.
Dimaporo, Fatima Aliah Q.
Dimaporo, Imelda Quibranza
Fua, Orlando B.
Garcia, Pablo John F.
Garcia, Pablo P.
Gonzales, Aurelio ‘Dong’ Jr. D.
Lagman, Edcel C.
Leonen-Pizarro, Catalina G.
Macapagal-Arroyo, Juan Miguel
Macapagal-Arroyo, Gloria M.
Macapagal-Arroyo, Gloria M.
Magsaysay, Eulogio ‘Amang’ R.
Magsaysay, Ma. Milagros H.
Marcoleta, Rodante D.
Nograles, Karlo Alexei B.
Obillo, Reena Concepcion G.
Ortega, Victor Francisco C.
Padilla, Carlos M.
Pangandaman, Mohammed Hussein P.
Pangandaman, Solaiman C.
Panotes, Elmer E.
Pichay, Philip A.
Plaza, Ma. Valentina G.
Puno, Roberto V.
Remulla, Jesus Crispin C.
Salimbangon, Benhur L.
Suarez, Danilo E.
Sy-Alvarado, Ma. Victoria R.
Syjuco, Augusto Boboy Jr.
Tiangco, Tobias ‘Toby’ M.
Yap, Arthur C.
Source: House of Representatives
