Aquino counsel: Ombudsman Gutierrez can stay until 2012

It seems like the Aquino administration will let Ombudsman Merceditas Gutierrez stay in her post until 2012 after all. After saying that it is mulling several options to remove Gutierrez from her post, Malacañang on Wednesday conceded that, based on the law on jurisprudence, she will have to serve her fixed seven-year term. “As far as I know, the term of Ombudsman Gutierrez will expire sometime in 2012," said Eduardo de Mesa, the chief legal counsel of President Benigno Aquino III, at a press briefing in Malacañang. The Ombudsman is responsible for investigating and prosecuting erring government officials in the Philippines. Section 11, Article XI of the 1987 Constitution states that the Ombudsman and his deputies “shall serve for a term of seven years without reappointment." Gutierrez, widely criticized for her alleged inaction on cases involving former President Gloria Macapagal-Arroyo, was appointed in 2005 to replace Simeon Marcelo, who didn’t complete his term due to health reasons. De Mesa said the Ombudsman is granted a fixed term when he or she is appointed, which means Gutierrez’s term cannot be considered as the continuation of Marcelo’s. Marcelo’s term was supposed to have ended in 2009. De Mesa, however, added that his statement was only his “personal opinion." He said he has yet to talk to President Aquino about it. Aquino has long expressed his disapproval of Gutierrez’s performance, as she is perceived to be close to the Arroyo family. Various sectors have repeatedly called for her resignation. Gutierrez was a batch-mate of Arroyo’s husband, Jose Miguel Arroyo, at the Ateneo law school. Gutierrez has refused to resign and has denied that she is biased in favor of the Arroyos. This prompted critics of Gutierrez to resort to the only legal way to oust her from office: through impeachment. At present, two impeachment complaints have already been filed against her. Under the Constitution, only one impeachment proceeding can be initiated against the same official within a period of one year. The one-year period will start once the House justice committee starts hearing the complaint. House Majority Leader Neptali Gonzales II said it is up to the justice committee under Iloilo Rep. N Tupas if it will consolidate the two complaints or choose which one it will recognize. Both Gonzales and Tupas are party-mates of Aquino in the Liberal Party (LP). - KBK, GMANews.TV