Palace mulls several options in easing out Ombudsman Gutierrez

Malacañang is studying several options in easing out Ombudsman Merceditas Guiterrez, whose fixed seven-year term ends in December 2012 yet. Presidential spokesperson Edwin Lacierda disclosed this on Friday, saying President Benigno Aquino III wants "an independent Ombudsman who will really investigate corruption cases in government." Guiterrez is perceived to be close to the previous administration, particularly to former First Gentleman Jose Miguel "Mike" Arroyo, her batchmate at the Ateneo Law School. Section 11, Article XI of the 1987 Constitution provides that "the Ombudsman and his deputies shall serve for a term of seven years without reappointment." Gutierrez was named Ombudsman in December 2005. An earlier statement from the Office of the Ombudsman said Guiterrez would likely hang on to her post, citing the constitutional provision on the term of the Ombudsman. Skeptical At the press briefing in Malacañang, Lacierda aid Aquino has long been skeptical of Gutierrez's resolve in going after those involved in corruption issues, particularly Mr. Arroyo and former President now Pampanga Rep. Gloria Macapagal Arroyo. "We are studying all the options," Lacierda said. "We have already mentioned our skepticism toward her past decisions." Lacierda said he was "not prepared to say as of the moment" that all the options the Aquino administration is mulling are geared toward removing her from office, but the options he revealed appear to be moving in that direction. Asked whether impeachment was one of the choices, Lacierda, a lawyer, said, "Siguro isa yon kasi the Office of the Ombudsman is an impeachable office. " Former Senate President Jovito Salonga, chairman emeritus of Aquino's Liberal Party, led the filing of an impeachment complaint against Gutierrez last year. 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. While the House Justice committee found the complaint sufficient in form, the Arroyo ally-dominated House eventually junked the complaint. Other options Lacierda said they are also studying the legality of Gutierrez's term. "There's a question on the legality of her term, whether it's two years or she was given a full six years," he said. Lacierda said another option is "just speak to Ombudsman Gutierrez." When asked if the administration would ask for her early retirement, he said, "That's a possibility, yes." Lacierda said the exclusion of Mrs. Arroyo in the Ombudsman's complaint on the P728-million fertilizer fund scam only goes to show that justice is hard to achieve with Gutierrez as the country's chief graft buster. He added that while Malacanang welcomes the inclusion of former Agriculture Secretary Luis "Cito" Lorenzo in the scandal, the timing of the complaint was suspect. "Matagal na po tapos yung fertilizer fund scam na committee report kay Senator Magsaysay so bakit ngayon lang sila magfafile?" Lacierda said. In 2006, the Senate committee on agriculture headed by then senator Ramon Magsaysay Jr. recommended the filing of charges of graft and corruption be filed against several individuals, including Jocelyn "Joc-joc" Bolante and Lorenzo. However, the Office of the Ombudsman, the body that investigates wrongdoings by government officials, at that time did not act on the Senate committee's recommendations. Lacierda said the Aquino administration's soon-to-be-formed Truth Commission will investigate the fertilizer fund scam, among others, to gather all evidence and make sure there will be a strong case against those involved. — RSJ, GMANews.TV