House Resolution No. 1089 (15th Congress of the Philippines)

by 15th Congress of the Philippines

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
QUEZON CITY

FIFTEENTH CONGRESS
First Regular Session

House Resolution No. 1039

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Introduced by: Representatives Niel C. Tupas, Jr., Rodolfo C.
Fariñas, Reynaldo V. Umali, Romero Federico S. Quimbo,
Raul A. Daza, Lorenzo R. Tañada III, and Kaka J. Bag-ao

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RESOLUTION IMPEACHING OMBUDSMAN
MA. MERCEDITAS NAVARRO-GUTIERREZ
FOR BETRAYAL OF PUBLIC TRUST

RESOLVED, that Ombudsman Ma. Merceditas Navarro-Gutierrez, is impeached for betrayal of public trust pursuant to Article XI, Section 2 of the Constitution and that the following Articles of Impeachment be exhibited to the Senate of the Republic of the Philippines by the House of Representatives of the Republic of the Philippines in its own name and that of the Filipino people against said Ombudsman Ma. Merceditas Navarro-Gutierrez, in maintenance and support of its impeachment against her.

ARTICLE I

THE FERTILIZER FUND SCAM

Ombudsman Ma. Merceditas Navarro-Gutierrez violated her constitutional and statutory duties, as protector of the people, to act promptly on complaints against public officials or employees of the government and enforce their administrative, civil, and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people, and has betrayed the public trust by inexcusably failing (1) to act promptly on the complaints filed and (2) to file the appropriate cases in court against high ranking government officials involved in the anomalous use of the Php728 Million “Ginintuang Masaganang Ani” (GMA) Program or the “Fertilizer Fund Scam”.

Notwithstanding the filing of complaints and the findings and recommendations in the Task Force Abono Reports in 2006, the Senate Committee Report No. 54 in 2006 and the Commission on Audit to file the appropriate charges against then Agriculture Secretary Luis “Cito” Lorenzo and then Agriculture Undersecretary Jocelyn “Joc-Joc” Bolante, among others, Ombudsman Ma. Merceditas Navarro-Gutierrez has inexcusably failed to act promptly on the complaints pertaining to the “Fertilizer Fund Scam” for more than five (5) years and failed to file the appropriate cases in court. This is contrary to the Ombudsman’s duty to give priority to complaints filed against high ranking government officials and/or those occupying supervisory positions, and complaints involving grave offenses and large sums of money and/or properties.

Ombudsman Ma. Merceditas Navarro-Gutierrez has acted in a manner that violates her oath and constitutional duty, has undermined the integrity of her office, has brought disrepute to the Office of the Ombudsman, and has acted in a manner contrary to the Constitution, law and justice, to the prejudice and manifest injury of the Filipino people rendering her unfit to continue in office.

Such conduct of Ombudsman Ma. Merceditas Navarro-Gutierrez warrants her conviction for betrayal of the public trust, and removal from office and disqualification to hold any office under the Republic of the Philippines.

ARTICLE II

EURO GENERALS SCANDAL

Ombudsman Ma. Merceditas Navarro-Gutierrez violated her constitutional and statutory duties, as protector of the people, to act promptly on complaints against public officials or employees of the government and enforce their administrative, civil, and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people, and has betrayed the public trust by inexcusably failing to file the appropriate cases in court against Philippine National Police (PNP) Comptroller P/Dir. Eliseo De la Paz of the “Euro Generals Scandal,” despite the latter’s public admission under oath of a criminal offense and the findings of criminal liability by various government bodies.

On 15 November 2008, P/Dir. De la Paz, testified before the Senate Blue Ribbon Committee and Committee on Foreign Relations, and openly admitted therein that he brought an amount equivalent to more than US$10,000.00 outside the Philippines without declaration thereof to the Philippine Bureau of Customs.

Despite the lapse of more than two (2) years from the admission made by P/Dir. De la Paz and the submission to Ombudsman Ma. Merceditas Navarro-Gutierrez of the findings of the PNP that P/Dir. De la Paz violated laws, as well as regulations of the Bangko Sentral ng Pilipinas, Ombudsman Ma. Merceditas Navarro-Gutierrez has failed to file the appropriate cases in court against P/Dir. De la Paz.

Ombudsman Ma. Merceditas Navarro-Gutierrez has acted in a manner that violates her oath and constitutional duty, has undermined the integrity of her office, has brought disrepute to the Office of the Ombudsman, and has acted in a manner contrary to the Constitution, law and justice, to the prejudice and manifest injury of the Filipino people rendering her unfit to continue in office.

Such conduct of Ombudsman Ma. Merceditas Navarro-Gutierrez warrants her conviction for betrayal of the public trust, and removal from office and disqualification to hold any office under the Republic of the Philippines.

ARTICLE III

THE MEGA-PACIFIC DEAL

Ombudsman Ma. Merceditas Navarro-Gutierrez violated her constitutional and statutory duties, as protector of the people, to act promptly on complaints against public officials or employees of the government and enforce their administrative, civil, and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people, and has betrayed the public trust by absolving from any criminal liability the 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,” Ombudsman Ma. Merceditas Navarro-Gutierrez has absolved from any criminal liability the COMELEC officials and private individuals involved in the “Mega Pacific Deal”.

Ombudsman Ma. Merceditas Navarro-Gutierrez has acted in a manner that violates her oath and constitutional duty, has undermined the integrity of her office, has brought disrepute to the Office of the Ombudsman, and has acted in a manner contrary to the Constitution, law and justice, to the prejudice and manifest injury of the Filipino people rendering her unfit to continue in office.

Such conduct of Ombudsman Ma. Merceditas Navarro-Gutierrez warrants her conviction for betrayal of the public trust, and removal from office and disqualification to hold any office under the Republic of the Philippines.

ARTICLE IV

NBN-ZTE DEAL

Ombudsman Ma. Merceditas Navarro-Gutierrez violated her constitutional and statutory duties, as protector of the people, to act promptly on complaints against public officials or employees of the government and enforce their administrative, civil, and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people, and has betrayed the public trust by using the powers of her high office, personally and through her subordinates and agents, to wrongfully exclude President Gloria Macapagal-Arroyo from investigation and absolve her husband, Jose Miguel Arroyo, a former classmate of the Ombudsman, from criminal prosecution stemming from the scandalous NBN-ZTE broadband contract (the “NBN-ZTE Deal”).

Notwithstanding the evidence presented before the Office of the Ombudsman implicating former COMELEC Chairman Benjamin Abalos, National Economic Development Authority (NEDA) Secretary Romulo Neri and Jose Miguel Arroyo, the Office of the Ombudsman indicted Benjamin Abalos and Romulo Neri but absolved Jose Miguel Arroyo in the NBN-ZTE Deal, and displayed gross incompetence by inexcusably failing and refusing to investigate President Gloria Macapagal-Arroyo.

Ombudsman Ma. Merceditas Navarro-Gutierrez has acted in a manner that violates her oath and constitutional duty, has undermined the integrity of her office, has brought disrepute to the Office of the Ombudsman, and has acted in a manner contrary to the Constitution, law and justice, to the prejudice and manifest injury of the Filipino people rendering her unfit to continue in office.

Such conduct of Ombudsman Ma. Merceditas Navarro-Gutierrez warrants her conviction for betrayal of the public trust, and removal from office and disqualification to hold any office under the Republic of the Philippines.

ARTICLE V

ENSIGN PHILIP PESTAÑO CASE

Ombudsman Ma. Merceditas Navarro-Gutierrez violated her constitutional and statutory duties, as protector of the people, to act promptly on complaints against public officials or employees of the government and enforce their administrative, civil, and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people, and has betrayed the public trust, personally and through her subordinates and agents, by failing to act promptly and by wrongfully absolving the Philippine Navy officers and personnel implicated in the death of Navy Ensign Philip Andrew Pestaño, notwithstanding the findings and recommendations of the Senate Committees on Justice and Human Rights and on National Defense and Security, and the United Nations Human Rights Committee.

The eventual dismissal of the Pestaño case, coupled with the delay in resolving the same, which led to the issuance by the United Nations Human Rights Committee of its Views declaring that the Philippine Government violated its obligations under the International Covenant on Civil and Political Rights (ICCPR), manifests that Ombudsman Ma. Merceditas Navarro-Gutierrez has abandoned the Ombudsman’s statutory and constitutional duties, has undermined the integrity of her office, has brought disrepute to the Office of the Ombudsman, has acted in a manner contrary to her oath, the Constitution, law and justice, and has betrayed the public trust, to the prejudice and manifest injury of the Filipino people, rendering her unfit to continue in office.

Such conduct of Ombudsman Ma. Merceditas Navarro-Gutierrez warrants her conviction for betrayal of the public trust, and removal from office and disqualification to hold any office under the Republic of the Philippines.

ARTICLE VI

LOW CONVICTION RECORD

Ombudsman Ma. Merceditas Navarro-Gutierrez violated her constitutional and statutory duties, as protector of the people, to act promptly on complaints against public officials or employees of the government and enforce their administrative, civil, and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people, and 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 Ma. Merceditas Navarro-Gutierrez as head of the Office of the Ombudsman in December 2005, the conviction record for Ombudsman-conducted prosecutions has declined, highlighted by her performance in 2008 up to the filing of the impeachment complaints, and even includes a high number of plea bargaining agreements entered into by the Office of the Ombudsman.

Ombudsman Ma. Merceditas Navarro-Gutierrez has acted in a manner that violates her oath and constitutional duty, has undermined the integrity of her office, has brought disrepute to the Office of the Ombudsman, and has acted in a manner contrary to the Constitution, law and justice, to the prejudice and manifest injury of the Filipino people rendering her unfit to continue in office.

Such conduct of Ombudsman Ma. Merceditas Navarro-Gutierrez warrants her conviction for betrayal of the public trust, and removal from office and disqualification to hold any office under the Republic of the Philippines.

Adopted,

NEIL C. TUPAS, JR.
Chairman
Committee on Justice

RODOLFO C. FARIÑAS

REYNALDO V. UMALI

LORENZO R. TAÑADA III

NERI JAVIER COLMENARES

ROMERO FEDERICO S. QUIMBO

RAUL A. DAZA

KAKA J. BAG-AO

COMMITTEE ON JUSTICE
15^TH CONGRESS

REGULAR MEMBERS

RODOLFO C. FARIÑAS

REYNALDO V. UMALI

PABLO JOHN F. GARCIA

ANDRES D. SALVACION, JR.

RONALD M. COSALAN

FRANCISCO T. MATUGAS

JOSEPH EMILIO A. ABAYA

MARIA EVITA R. ARAGO

ROSENDO S. LABADLABAD

IRVIN M. ALCALA

ELEANDRO JESUS F. MADRONA

JOSE BENJAMIN A. BENALDO

VICTORINO DENNIS M. SOCRATES

ROMERO FEDERICO S. QUIMBO

PEDRO "LOLOY" P. ROMUALDO

GEORGE P. ARNAIZ

ROY M. LOYOLA

CARLO V. LOPEZ

WINSTON "WINNIE" T. CASTELO

HENEDINA R. ABAD

ANTONIO A. DEL ROSARIO

JOCELYN S. LIMKAICHONG

TEODORO B. BAGUILAT, JR.

MA. THERESA BONOAN-DAVID

ROGER G. MERCADO

JOSEPH EMILIO A. ABAYA

RODANTE D. MARCOLETA

REX GATCHALIAN

MERCEDES K. ALVAREZ

ARTHUR R. DEFENSOR, JR

MYLENE J. GARCIA-ALBANO

DANILO RAMON S. FERNANDEZ

EMIL L. ONG

NUR G. JAAFAR

RODEL BATOCABE

ROILO S. GOLEZ

TEODORO A. CASIÑO

SIMEON A. DATUMANONG

ORLANDO B. FUA

AURELIO D. GONZALES, JR.

JUAN EDGARDO M. ANGARA

MARK LLANDRO L. MENDOZA

ALFREDO D. MARAÑON III

KAKA J. BAG-AO

RUFUS B. RODRIGUEZ

MARK AERON H. SAMBAR

DAVID KHO

JEFFREY P. FERRER

ISIDRO T. UNGAB

RODOLFO G. BIAZON

EMMELINE Y. AGLIPAY

RODOLFO B. ALBANO JR.

FERDINAND MARTIN G. ROMUALDEZ

ARTHUR C. YAP

EX-OFFICIO MEMBERS

MARCELINO R. TEODORO
Deputized Representative of SPEAKER BELMONTE (as of 9 6 2010 at 8pm)

LORENZO R. TAÑADA
Deputy Speaker

SHARON S. GARIN
Deputized Representative of REP. FUENTEBELLA (as of 927 2010)

MARIA ISABELLE G. CLIMACO
Deputy Speaker

JANETTE L. GARIN
Deputy Majority Leader

RODOLFO C. FARIÑAS
Deputy Majority Leader

MAGTANGGOL T. GUNIGUNDO I
Deputy Majority Leader

JORGE JOHN B. BANAL, JR.
Deputy Majority Leader

SHERWIN N. TUGNA
Deputized representative of Rep. NOEL (as of 9 23 2010)

DANILO E. SUAREZ
Deputy Minority Leader

JOSE S. AQUINO
Deputized representative of Rep.PADILLA (as of 2 09 2011)

RAUL A. DAZA
Deputy Speaker

ELPIDIO F. BARZAGA
Deputized Representative of REP.P. GARCIA (as of 9 7 2010)

JESUS CRISPIN C. REMULLA
Deputy Speaker

PAOLO EVERARDO S. JAVIER
Deputized Representative of REP.GONZALES II (as of 3 01 2011)

WALDEN BELLO
Deputized Representative of REP. ROMULO (as of 9 27 2010)

MARLEN ABIGAIL S. BINAY
Deputy Majority Leader

GIORGIDI B. AGGABAO
Deputized Representative of REP.FUENTES (as of 2 21 2011)

ROMERO FEDERICO S. QUIMBO
Deputy Majority Leader

EDCEL C. LAGMAN
Minority Leader

AUGUSTO L. SYJUCO, JR.
Deputy Minority Leader

MA.AMELITA A. CALIMBAS-VILLAROSA
Deputy Minority Leader

MARC DOUGLAS C. CAGAS IV
Deputy Minority Leader