House panel finds sufficient grounds to impeach Merci

Updated 6:08 p.m. - The House Committee on Justice on Tuesday found sufficient grounds to impeach Ombudsman Merceditas Gutierrez, paving the way for formal hearings on impeachment complaints filed against her at the lower chamber. In a 41-12 vote, the House panel approved a motion by Deputy Speaker Quezon Rep. Lorenzo Tanada III to declare the first impeachment complaint filed by former Akbayan party-list Rep. Risa Hontiveros-Baraquel "sufficient in grounds." In a separate 42-12 vote, the committee likewise found sufficient grounds in a second impeachment complaint filed by BAYAN Secretary General Renato Reyes last year. “Historic ito talaga. This is the first time na lumagpas [sa pagboto on sufficiency in grounds]. Napakahalaga nito para sa ating taong-bayan," House justice committee chairperson Iloilo Rep. Niel Tupas, Jr. told reporters on Tuesday. Gutierrez described the move by the House panel was "unfortunate," saying it sets a bad precedent in the country's justice system "because the House Justice Committee only showed how the constitutional rights of an individual could be trampled upon in the name of politics." (See sidebar.) Malacañang welcomes decision Malacañang on Tuesday welcomed the decision of the House justice committee to push through with the impeachment proceedings against Gutierrez. “Accountability evades no one, and thus we welcome the decision of the House committee on justice," deputy presidential spokesperson Abigail Valte said in a press statement on Tuesday. She described it as “a momentous occasion for Philippine governance" as it was the first time an Ombudsman faces impeachment proceedings for betrayal of public trust due to her inaction on the cases stated in the complaint. “The constitutional process is already unfolding and as the head of the constitutionally independent office, the Ombudsman must weigh her options in light of these historic proceedings," Valte said. She also encouraged Filipinos to follow the proceedings closely and remain informed of the charges and evaluate the evidence to be presented “so that we may all fulfil our roles in our collective responsibility to protect the interests of our country." Baraquel's complaint The first impeachment complaint listed the following as alleged wrongdoings committed by the Ombudsman:

Alleged failure to act promptly on cases filed against the Arroyo couple and other public officials involved in the overpriced $329-million national broadband network deal, which Mrs. Arroyo suspended in September 2007;

Incurring inexcusable delay in the investigation on the death of Ensign Philip Pestaño, with the United Nations even calling the Ombudsman to task for failure to probe the case;

Issuing a decision to uphold the legality of the arrest and involuntary detention of Hontiveros by the Philippine National Police in 2005;

Failure to investigate the P1-million dinner for Mrs. Arroyo's presidential party at the Le Cirque restaurant in New York;

Repeated failure to take prompt action on various cases involving Mrs. Arroyo such as the Mega-Pacific scam, among others;

Refusal to grant ready access to public records such as the Statement of Assets, Net Worth and Liabilities of former Pampanga Rep. and incumbent Ang Galing Pinoy pary-list Rep. Juan Miguel Arroyo. Reyes' complaint Meanwhile, Reyes’ complaint identified the supposed inaction in the alleged P728 fertilizer fund scam, the Euro generals scandal involving more the P6 million, as well as the Mega Pacific scam, as some of the Ombudsman’s wrongdoings. Having found sufficient grounds for the impeachment complaint, the House panel will hold marathon hearings on the case starting on Wednesday. Both Gutierrez and the complainants will have the chance to present pieces of evidence to support their cases. Ilocos Norte Rep. Rodolfo Farinas, vice-chairperson of the House justice committee, meanwhile appealed to Gutierrez to participate in the panel’s proceedings. “Gusto ho naming marinig ang kabilang panig. Kung mapakita niyo na mali sinasabi nila, kakampi ako sa inyo. Nakikiusap kmai na dumulog na kayo [Gutierrez] rito," he said. Gutierrez failed to attend or submit an answer to the impeachment complaints lodged against her during the resumption of the proceedings on Tuesday, saying she still has a motion for reconsideration pending before the Supreme Court that can possibly stop the hearings. However, Tupas insisted that there are “no more legal impediments" for the House committee to continue with the impeachment proceedings. “Napakaklaro na ng due process. Sobra-sobra na. Ang dami na naming oras na binigay sa kanya. Hindi ko alam kung natatakot siyang humarap sa Committee on Justice. Ibinigay na namin lahat," he said. According to Section 3, Article XI of the 1987 Constitution, the impeachment complaint against the Ombudsman will have to get a majority vote of all members of the House justice committee, then a one-third vote of all House members, before it can be transmitted to the Senate for trial. Resumption of hearings The House Committee on Justice on Tuesday resumed the hearings on the impeachment complaints filed against Gutierrez. Last week, the House committee on justice voted to resume the hearings on the impeachment complaints against the Ombudsman. In a 21-5 vote on Tuesday last week, the House panel approved a motion, filed by Ilocos Norte Rep. Rodolfo Fariñas, to give Gutierrez an additional three days to answer the impeachment complaints against her. The House decision effectively resumed the proceedings on the impeachment complaints against the Ombudsman. The House move came more than a week after the Supreme Court (SC) allowed the House committee on justice to continue hearing the impeachment complaints against Gutierrez. In its February 15 ruling, the SC said the Ombudsman was not denied due process, as she had claimed, because she can answer the charges against her before the House panel. However, Gutierrez criticized the House's decision to resume the proceedings. She said the House panel should wait for the SC to render a final decision because she has until March 5 to appeal the SC's decision. – with Amita Legaspi, VVP, GMA News