Ombudsman’s lawyer: We will not skirt House proceedings

UPDATED 1:15 p.m. - The camp of Ombudsman Merceditas Gutierrez said they will not avoid the House impeachment proceedings against her despite the motion for reconsideration that they filed at the Supreme Court. On the first day of the clarificatory hearings on the impeachment complaints on Wednesday, Gutierrez's counsel, lawyer Anacleto Diaz, said their camp will not “avoid or skirt the proceedings." Diaz likewise vowed to answer the two impeachment complaints filed against his client. “We will file our answer to the two impeachment complaints. Never mind if we have a pending motion for reconsideration before the Supreme Court... We are going to participate in these proceedings, so that we will in turn be able to file our counter-affidavits," he said. He likewise said their camp has finished drafting the answers to the impeachment complaints and asked the House panel to give them until Friday to file their response. Ilocos Norte Rep. Rodolfo Farinas, vice-chairperson of the House justice panel, however said the period for filing the Ombudsman’s answer has already elapsed, and that the committee has already entered a general denial of her behalf. He suggested that Gutierrez’s answer to the complaints be considered as part of the pieces of evidence, which her camp will present during the clarificatory hearings. “Our parliamentary status is that we have already adopted a resolution. Under our rules, even in the failure of the respondent to submit answer, she can submit evidence. You are not presenting an answer. You are presenting evidence," he said. Diaz acceded to this proposal, and vowed to prove that all accusations of “omissions" on the part of the Ombudsman are “false and baseless." “Once we file this answer, the [House] members will be convinced that the charges against her are false and baseless and hopefully, when she retires she will do it with pride and respect," he said. Private citizens, including former Akbayan party-list Rep. Risa Hontiveros-Baraquel and BAYAN secretary-general Renato Reyes, who filed impeachment complaints against Gutierrez, are currently defending their respective cases before the House justice committee.
Not a favorable decision Meanwhile, former Supreme Court Associate Justice Serafin Cuevas, another legal counsel of the Ombudsman, said in an interview with GMA News TV's morning show "News To Go" that they were already resigned to the fact that they would not get a favorable decision from the House of Representatives. "The tyranny of numbers is decidedly against us so what is it that we can get from the House of Representatives," said Cuevas of the chamber, most members of which are considered Aquino administration allies. Gutierrez is perceived to be a close ally of former President Gloria Macapagal-Arroyo, who appointed her as Ombudsman in December 2005. Mrs. Arroyo's husband, former First Gentleman Jose Miguel Arroyo, was Gutierrez's batchmate at the Ateneo Law School. Cuevas said they would just await for the articles of impeachment to be transmitted from the House of Representatives to the Senate, where he believes the Ombudsman has a "better fighting chance." "Maraming independent-minded diyan sa Senate... they are not beholden to Malacañang," he said. During the same interview, Cuevas, also a former Justice chief, insisted that House justice committee chairman Niel Tupas should not be presiding over the impeachment proceedings in the first place. "May kaso si Ombudsman laban sa ama [ni Rep. Tupas] that is pending. That's for dismissal and suspension... [Si Rep. Tupas] naman may kaso laban sa kanya so pano natin sya maasahan. Human consience and clear consience dictates na huwag ka na mag-participate dito," he said. Cuevas insisted that the Ombudsman would not resign from her post because doing so could only set a bad precedent and would be like an admission of guilt. "Hindi natin maaasahan lahat na masiyahan sa gagawing hatol o desisyon ng Ombudsman. Similarly ay mayroong popular na judge, may judge naman na galit ang tao. Pero kung wala naman katotohanan ang charges bakit magre-resign," Cuevas said. Sufficient grounds The clarificatory hearings began a day after the House committee on justice on Tuesday found sufficient grounds to impeach Gutierrez, paving the way for formal hearings on impeachment complaints filed against her. 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. Impeachment complaints Baraquel's impeachment complaint listed the following alleged wrongdoings of 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, Liabilities and Net Worth (SALN) of former Pampanga Rep. and incumbent Ang Galing Pinoy party-list Rep. Juan Miguel Arroyo. Meanwhile, Reyes' complaint identified the supposed inaction on several cases including:

the alleged P728-million fertilizer fund scam;

the Euro generals scandal involving more than P6 million;

the Mega Pacific scam. – with Mark Merueñas/ VVP/RSJ, GMA News