House body junks impeachment complaint vs Ombudsman

THE HOUSE committee on justice, voting 37-5, yesterday dismissed the impeachment complaint against Ombudsman Merceditas N. Gutierrez, finding the complaint against the Arroyo ally insufficient in substance.

Committee chairman and Quezon City Rep. Matias V. Defensor, Jr. (3^rd district) said the "proper procedure" was followed in handling the case.

"The agreement was to let each side be given time to air their arguments. The pro and con sides were both given a chance to speak out, so the next step is to take a vote. And this is the result [of the vote]," he told reporters after the meeting.

The committee found Ms. Gutierrez’s impeachment case sufficient in form last May 5. Mr. Defensor said the committee decision will be recommended to the plenary for approval.

An impeachment complaint was filed against Ms. Gutierrez last March 3 by the civil society led by former Senate president Jovito R. Salonga for alleged betrayal of public trust and violation of the Constitution on several graft and corruption cases.

In a 33-page complaint, the petitioners claimed that Ms. Gutierrez "has become synonymous to inaction, mishandling, or downright dismissal of clear cases of graft and corruption, some leading to the President herself or that of her closest associates."

The petitioners accused her of losing the public’s trust in the handling of the P1.3-billion Mega Pacific purchase contract corruption case against former Commission on Elections (Comelec) chairman Benjamin S. Abalos, Sr.; the $150-million World Bank-financed projects of which three Filipino construction firms were sanctioned over alleged collusion; the P728-million fertilizer fund scandal; extortion case against former Justice Secretary Hernando B. Perez; the so-called euro generals scandal involving former Philippine National Police comptroller Eliseo D. dela Paz who was caught carrying €105,000 (P6.9 million) which exceeded the €10,000 limit for departing passengers in Moscow; and the alleged biased suspension of Iloilo Governor Niel D. Tupas, Sr. for releasing P80,000 in public funds for a training seminar that never transpired.

Members of the majority who spoke in defense of Ms. Gutierrez said that filing of an impeachment complaint against her was premature, as issues such as the Comelec corruption case and Mr. Tupas’s suspension were still being contested in courts.

Ms. Gutierrez was appointed to several positions, namely, chief presidential legal counsel, acting executive secretary and Justice secretary, before becoming Ombudsman in 2005.

She had consistently denied the allegations in the impeachment complaint against her.

After the determination of the complaint’s form and substance, the committee report will be submitted to the plenary either for adoption or rejection. The complaint will only reach the Senate for trial if it gets the vote of one-third of the total House membership. — J. F. S. Valdez