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Impeach raps filed against Ombudsman Gutierrez


(Updated 10:20 a.m.) MANILA, Philippines - Thirty-one civil society leaders led by former Senate President Jovito Salonga filed on Monday an impeachment complaint against Ombudsman Merceditas Gutierrez over alleged inaction on, and mishandling of several high profile cases. In a 33-page complaint, Salonga, private lawyers, former government officials, and other personalities from the civil society accused Gutierrez of betrayal of public trust and culpable violation of the 1987 Constitution. They said Gutierrez committed the violations in the handling of the Mega Pacific and corruption case against former Elections chair Benjamin Abalos Sr., the World Bank mess regarding the sanctioning of three Filipino construction firms over alleged collusion, the P728-million fertilizer fund scam, the extortion case against former Justice secretary Hernando Perez and the euro generals scandal. "The Ombudsman - the 'Tanod-Bayan' or literally 'Protector of the People' - is expected to be merciless against public servants who pursue their own interests at the expense of the public good...An Ombudsman who fails to meet these expectations fails our democracy and contributes to the disintegration of the delicate relationship between the people and its government," read the complaint. "Unfortunately, with Ombudsman Ma. Merceditas N. Gutierrez at the helm since 1 December 2005, the public trust has completely collapsed. Ombudsman Gutierrez has clearly failed the Filipino people with her inaction, mishandling, and downright dismissal of clear cases of graft and corruption, some leading to the President herself and that of her closest associates," the complainants added in a statement read after the filing of the complaint. In a radio interview, Gutierrez lashed back at her critics, saying the move smacked of politics. Gutierrez questioned the timing of the complaint because her office last week ordered the filing of graft charges against former Bukidnon Rep. J.R. Nereus Acosta, Liberal Party’s vice president. Sen. Manuel Roxas II, a critic of President Gloria Macapagal Arroyo, is president of the LP. "Ako po ay gumaganap sa aking tungkulin at ako po ay napopolitika at latest na na-file-an namin ay si Congressman Acosta [I am doing my job and I am a victim of politics because the latest we filed charges against was Congressman Acosta]," Gutierrez said. The Ombudsman ordered the filing of graft charges last Wednesday before the Sandiganbayan against Acosta, his mother and their relative for supposedly defrauding the government of P10.5 million in public funds. Endorsers Akbayan Rep. Risa Hontiveros Baraquel endorsed the complaint filed at the Office of the House Secretary General Marilyn Barua Yap, who personally received the complaint. "She (Gutierrez) has tarnished the institution with her incompetence and with her apparent bias toward the Arroyo family. The Office of the Ombudsman is an embodiment of People Power, an instrument to check the abuses committed by high officials. Ms. Gutierrez has miserably failed to uphold this mandate," Hontiveros said in a statement. "She has failed to fulfill her constitutional duty. Gutierrez should be impeached without delay to restore the trust of the people on the Office of the Ombudsman," added the lawmaker. Camarines Norte Rep. Liwayway Vinzons Chato will also endorse the complaint, Hontiveros said during the filing of the complaint. Complainants aside from Salonga include former University of the Philippines College of Law dean Raul Pangandangan, Bantay Katarungan executive director Emilio Capulong Jr., former Interior secretary Rafael Alunan III, Bishop Antonio Tobias, former senator Leticia Shahani; former peace process adviser Teresita Deles, former Civil Service Commission chairperson Karina David, former Social Welfare secretary Corazon Soliman, and Black and White Movement spokeswoman Leah Navarro, as well as newspaper columnist Randolph “Randy" David. Incompetence "The Ombudsman, in our opinion, has shown her incompetence by virtue of the acts enumerated in the complaint and this also indicates her culpable violation of the Constitution which is one of the important reasons for filing this complaint," Salonga later said in a press conference. Salonga said he is confident the complaint will flourish despite the large number of Palace allies in the House. "We would not have filed this if this were not a strong case...we are convinced it will undoubtedly prosper," he said. Salonga said that since the 2010 elections are near, "it is high time for them (lawmakers) to show some measure of independence and competence." Navarro, in an interview on dzXL radio, said they had seen the "slow action" of the Ombudsman not just once but many times. "We believe may right tayo kwestyunin ang ginagawa niya. Kung di maganda ginagawa niya dapat [alisin] siya sa pwesto [We believe we have a right to question the Ombudsman’s inactions. If her performance is spotty, we have a right to call for her removal]," she said. But Navarro also admitted the complaint may face rough sailing because Gutierrez is allied with the Arroyo administration. Gutierrez was a classmate of First Gentleman Jose Miguel Arroyo at the Ateneo Law School. Still, Navarro said there is always a chance the case will prosper, as Gutierrez’s term ends in 2012 and not 2010. "We can always try. Kailangan may hope palagi tayo ... Kung may election tayo sa 2010 at ibang dispensation baka malaking tsansa mag-prosper ito [We can always try. We must not lose hope. If we have elections in 2010 and a new administration takes over, there is a chance the case will prosper]," she said. - with a report from Sophia Dedace, GMANews.TV
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