House panel defies SC on Ombudsman's impeachment

(Updated 10:38 p.m.) — Defying the status quo ante order issued by the Supreme Court, the House justice committee on Tuesday decided to push through with the impeachment proceedings against Ombudsman Merceditas Gutierrez. Thirty-three committee members voted in favor of the motion filed by 17 House members who urged the panel to pursue the case against Gutierrez and "not to abdicate its Constitutional duty to conduct the impeachment proceedings." Fourteen voted against it saying they do not want to be held in contempt by the SC. Muntinlupa Rep. Rodolfo Biazon abstained. On September 14, Court administrator and spokesman Jose Midas Marquez announced that the Supreme Court issued a status quo ante order on the Ombudsman's impeachment. The order means that the parties to the case should observe the status quo before the House issued resolutions stating that the separate impeachment complaints against the Ombudsman were sufficient in form and substance. The two impeachment complaints were filed by former Akbayan Rep. Risa Hontiveros-Baraquel and militant group Bagong Alyansang Makabayan (Bayan). "The court has just issued a status quo ante order requiring the parties to observe the status quo prevailing the issuance of the September 1, 2010 and September 7, 2010 resolutions of the House committee on Justice which found the separate impeachment complaints sufficient in form and substance," said Marquez after the SC issued the order. A day before the SC issued the status quo ante order, Gutierrez asked the SC to stop the impeachment proceedings against her. She cited Section 3(5), Article XI of the Charter which says that "No impeachment proceedings shall be initiated against the same official [in this case, the Ombudsman] more than once within a period of one year." However, on Tuesday, the House justice committee called a hearing to discuss the SC's status quo ante order and majority voted to proceed with the hearing of the case against the Ombudsman. Bayan secretary general Renato Reyes Jr. earlier said the House justice committee is not violating the Constitution because it is tackling two impeachment complaints in one proceeding. "Both complaints pending before the justice committee were referred at the same time and thus, form only one proceeding. It is time the House of Representatives end the impeachment rat race, where only one complaint, whoever is first to file, is entertained. If that is the interpretation, then it will always be a race to file the first complaint, even if it is defective," Reyes said in a text message. Victory of the people The persons who filed the impeachment case against the Ombudsman expressed their satisfaction over the House move. "Masaya ako dahil dating myembro ng House, at kaninang tanghali tumindig nang matapang ang institusyon para sa kanilang awtonomiya. Takot siguro si Ombudsman kaya tumakbo sa SC," Hontiveros-Baraquel said in a text message to GMANews.TV. (I am happy, being a former member of the House. Today at noon, the institution stood up for its autonomy. The Ombudsman was probably afraid that's why she ran to the SC.) Bayan Muna Rep. Teddy Casiño sees the move as "a victory not only for the principle of separation of powers but more importantly for the right of ordinary citizens to hold powerful but impeachable officials accountable for their actions." "Ombudsman Gutierrez should now answer the charges against her in the House on pain of contempt," Casiño added.
SC: Follow rule of law On Tuesday, after being informed of the House justice committee's decision,Marquez urged the House panel to observe the rule of law. He added that the Constitution mandates the court to exercise its judicial power against parties or institutions deemed to be abusing their powers. "The court has issued a status quo ante order. The powers of the court are very clear in the Constitution. Included in the duty of the court is judicial power, the determination of whether or not any branch of government has gravely abused its power," Marquez told reporters. "I don't know what the Congress will do. It's their discretion to proceed or not to proceed. As far as court is concerned, a status quo ante order has been issued and we all know the rule of law should be observed," Marquez added. Gutierrez refused to comment on the development. "I have my lawyer and I will not comment on that yet. I'm here to present our budget. Yun na muna. Ngiti na lang ako (That's all.. I'll just smile)." Gutierrez was in the House of Representatives to defend the 2011 proposed budget of her agency before the appropriations committee. Time is running out Iloilo Rep. Niel Tupas, House justice committee chairman, said they would consult the House leadership on when they could schedule the next hearing to determine the sufficiency of the grounds for impeachment. The next hearing would most likely be in October because they have to finish first the plenary debates on the 2011 proposed national budget. "We were advised that there will be no committee hearings in the next one to two weeks because we have to approve the budget before the October 15 recess," Deputy Speaker Lorenzo Tañada III said after the hearing. Tupas admitted that their time is running out because of the motion filed by Gutierrez to the SC. Under the Constitution, the panel only has 60 session days to finish its investigation and submit its report to the plenary. "The position of the chairman and the committee is that the SC can interpret the Constitution but cannot amend it. The 60 days continues to run despite the status quo order," said Tupas. Tañada, on the other hand, believed they still have time to discuss the complaints because the 60-session day period is expected to end in January. Comment to be filed on September 30 "We are finalizing the comment which will be filed on September 30, the supposed schedule of the oral arguments but the Ombudsman filed an urgent motion to defer it," Tupas said. Marquez, however, said the hearing of the arguments have been moved to October 5, Tuesday. Tupas whatever will come up in the hearing will be included in the comment that will be filed before the SC. "Members are free to help and suggest their input. The committee will consider it to the comment," Tupas said. He also informed the panel that the Solicitor General and retired SC Associate Justice Vicente Mendoza will be representing the committee in the oral argument. Justice committee vice-chairman Rodolfo Fariñas will also be arguing on behalf of the panel. –With Sophia Dedace, VVP, RSJ, GMANews.TV