house-resolution-1089 ombudsman impeachment

8/7/2019 House-Resolution-1089 Ombudsman Impeachment

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REPUBLIC OF THE PHILIPPINESHOUSE OF REPRESENTATIVES

QUEZON CITY

FIFTEENTH CONGRESSFirst Regular Session

, n t . ,House ResolutionjNo. 1C3.1

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Introduced by: Representatives Niel C. Tupas, Jr., Rodolfo C.Farifr,as, Reynaldo V. Umali, Romero Federico S. Quimbo,Raul A. Daza, Lorenzo R. Tafrada III, and Kaka J. Bag-ao

RESOLUTION IMPEACHING OMBUDSMANMA. MERCEDITAS NAVARRO.GUTIERREZ

FOR BETRAYAL OF. PUBLIC TRUST

RESOLVED, that Ombudsman Ma. Merceditas Nava-rro-Gutierrez, is impeached for betrayal of public trust pursuant to

Article XI, Section 2 of the Constitution and that the followingArticles of Impeachment be exhibited to the Senate of theRepublic of the Philippines by the House of Representatives ofthe Republic of the Philippines in its own name and that of theFilipino people against said Ombudsman Ma. MerceditasNavarro-Gutierrez, in maintenance and support of itsimpeachment against her.

ARTICLE I

THE FERTILIZER FUND SCAM

Ombudsman Ma. Merceditas Navarro-Gutierrez violatedher constitutional and statutory duties, as protector of thepeople, to act promptly on complaints against public officials oremployees of the government and enforce their administrative,civil, and criminal liability in every case where the evidencewarrants in order to promote efficient service by theGovernment to the people, and has betrayed the public trust byinexcusably failing (1) to act promptly on the complaints filed



1 and (2) to file the appropriate cases in court against high2 ranking government officials involved in the anomalous use of3 the Plrp728 Million "Ginintuang Masaganang Ani" (GMA)4 Program or the "Fertilizer Fund Scam".

67 Notwithstanding the filing of complaints and the findings8 and recommendations in the Task Force Abono Reports in 2O06,9 the Senate Committee Report No. 54 in 2006 and the

10 Commission on Audit to file the appropriate charges against11 then Agriculture Secretary Luis "Cito" Lorenzo and then12 Agriculture Undersecretary Jocelyn "Joc-Joc" Bolante, among13 others, Ombudsman Ma. Merceditas Navarro-Gutierrez has14 inexcusably failed to act promptly on the complaints pertaining15 to the "FerllIizer Fund Scam" for more than five (5) years and16 failed to file the appropriate cases in court. This is contrarSr tol7 the Ombudsman's duff to give priority to compiaints filed18 against high ranking government officials and/or those19 occupying supervisory positions, and complaints involving grave20 offenses and large sums of money andlor properties.2122 Ombudsman Ma. Merceditas Navarro-Gutierrez lras acted23 in a manner that violates her oath and constitutional duty, has24 undermined the integrity of her office, has brought disrepute to25 the Office of the Ombudsman, and has acted in a manner26 contrar;r to the Constitution, law and justice, to the prejudice27 and manifest injury of the Filipino people rendering her unfit to28 continue in office.2930 Such conduct of Ombudsman Ma. Merceditas Navarro-31 Gutierrez warrants her conviction for betrayai of the public32 trust, and removal from office and disqualification to hold any33 office under the Republic of the Philippines.343 536 ARTICLE II3 738 EURO GENERALS SCANDAL3 9404T Ombudsman Ma. Merceditas Navarro-Gutierrez violated42 her constitutional and statutory duties, as protector of the43 people, to act promptly on complaints against public officials or44 employees of the government and enforce their administrative,45 civil, and criminal liability in every case where the evidence46 warrants in order to promote efficient service by the47 Government to the people, and has betrayed the public trust by



1 inexcusably failing to file the appropriate cases in court against2 Philippine National Police (PNP) Comptroller P/Dir. Eliseo De la3 Paz of the uEuro Generals Scandal," despite the latter's public4 admission under oath of a criminal offense and the findings of

5 criminal liability by various government bodies.67 On 15 November 2008, P/Dir. De la Paz, testified before8 the Senate Blue Ribbon Committee and Committee on Foreign9 Relations, and openly admitted therein that he brought an

10 amount equivalent to more than US$1O,000.00 outside the11 Philippines without declaration thereof to the Philippine Bureau12 of Customs.1314 Despite the lapse of more than two (2) years from the15 admission made by P/Dir. De la Paz and the submission to16 Ombudsman Ma. Merceditas Navarro-Gutierrez of the findings17 of the PNP that P/Dir. De la Paz violated laws, as well as18 regulations of the Bangko Sentral ng Pilipinas, Ombudsman19 Ma. Merceditas Navarro-Gutierrez has failed to file the20 appropriate cases n court against P lDir. De IaPaz.2 122 Ombudsman Ma. Merceditas Navarro-Gutierrez has acted23 in a manner that violates her oath and constitutiona-l duty, has24 undermined the integrity of her office, has brought disrepute to25 the Office of the Ombudsman, and has acted in a manner26 contrary to the Constitution, law and justice, to the prejudice27 and manifest injury of the Filipino people rendering her unfit to28 continue in office.2930 Such conduct of Ombudsman Ma. Merceditas Navarro-31 Gutierrez warrants her conviction for betrayal of the public32 trust, and removal from office and disqua-lification to hold any33 office under the Republic of the Philippines.343 536 ARTICLE III

) I

38 THE MEGA.PACIFIC DEAL3 9404l Ombudsman Ma. Merceditas Navarro-Gutierrez violated42 her constitutional and statutory duties, as protector of the43 people, to act promptly on complaints against public officials or44 empioyees of the government and enforce their administrative,45 civil, and criminal liability in every case where the evidence46 warrants in order to promote efficient service by the47 Government to the people, and has betrayed the public trust by



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I absolving from any criminal liability the Commission on2 Elections (COMELEC) officials and private individuals involved3 in the anomalous billion-peso contracts for the automation of4 the 2OO4 elections known as the "Mega Pacific Deal".

6 Notwithstanding the findings of the Senate and the7 Supreme Court in Information Technology Foundation of the8 Philippines, et. al. us. Commlssion on Elections et. al. (GR No.9 159139, January 13, 2OO4), hat "COMELEC and it s officials

10 concerned must bear full responsibility for the failed bidding11 and award, and held accountable for the electoral mess,o12 Ombudsman Ma. Merceditas Navarro-Gutierrez has absolved13 from any criminal liability the COMELEC officials aqd private14 individuals involved in the "Mega Pacific Deal".1516 Ombudsman Ma. Merceditas Navarro-Gutierrez has acted17 in a manner that violates her oath and constitutional duty, has18 undermined the integrity of her office, has brought disrepute to19 the Office of the Ombudsman, and has acted in a maJrner20 contrarlr to the Constitution, law and justice, to the prejudice2I and manifest injury of the Filipino people rendering her unfit to22 continue in ofhce.z )

24 Such conduct of Ombudsman Ma. Merceditas Navarro-25 Gutierrez warrants her conviction for betrayal of the public26 trust, and removal from office and disqualification to hold any27 office under the Republic of the Philippines.282930 ARTICLE ry3 l32 NBN.ZTE DEALa aJ J

3435 Ombudsman Ma. Merceditas Navarro-Gutierrez violated36 her constitutiona,l and statutory duties , as protector of the

37people,

to actpromptly

on complaints againstpublic

officials or38 employees of the government and enforce their administrative,39 civil, and criminal liability in every case where the evidence40 warrants in order to promote efficient service by the4l Government to the people, and has betrayed the public trust by42 using the powers of her high office, personally and through her43 subordinates and agents, to wrongfully exclude President Gloria44 Macapagal-Arroyo from investigation and absolve her husband,45 Jose Miguel Arroyo, a former classmate of the Ombudsmal,46 from criminal prosecution stemming from the scandalous NBN-47 ZtE broadband contract (the "NBN-ZTE Deal").



I2 Notwithstanding the evidence presented before the Office3 of the Ombudsman implicating former COMELEC Chairman4 Benjamin Abalos, National Economic Development Authority

5 (NEDA) Secretar5r Romulo Neri and Jose Miguel Arroyo, the6 Office of the Ombudsman indicted Benjamin Abalos and7 Romulo Neri but absolved Jose Miguel Arroyo in the NBN-ZTE8 Deal, and displayed gross incompetence by inexcusably tailing9 and refusing to investigate President Gloria Macapagal-Arroyo.

1 011 Ombudsman Ma. Merceditas Navarro-Gutierrez has acted12 in a manner that violates her oath and constitutional duty, has13 undermined the integrity of her office, has brought disrepute to14 the Office of the Ombudsman, and has acted in a manner15 contrar5r to the Constitution, law and justice, to the prejudice16 and manifest injury of the Filipino people rendering her unfit to17 continue in office.1819 Such conduct of Ombudsman Ma. Merceditas Navarro-20 Gutierrez warrants her conviction for betrayal of the public21 trust, and removal from office and disqua,lification to hold any22 office under the Republic of the Philippines.L )

2425 ARTICLE V2627 ENSIGN PHILIP PESTAfrO CASE282930 Ombudsman Ma. Merceditas Navarro-Gutierrez violated3I her constitutional and statutory duties, as protector of the32 people, to act promptly on complaints against public officials or33 employees of the government and enforce their administrative,34 civil, and criminal liability in every case where the evidence35 warrants in order to promote efficient service by the36 Government to the people, and has betrayed the public trust,37 personally

and throughher subordinates

and agents, byfailing

38 to act promptly and by wrongfully absolving the Philippine Navy39 officers and personnel implicated in the death of Navy Ensign40 Philip Andrew Pestano, notwithstanding the findings and4l recommendations of the Senate Committees on Justice and42 Human Rights and on National Defense and Security, and the43 United Nations Human Rights Committee.4445 The eventua-l dismissal of the Pestaflo case, coupled with46 the delay in resolving the sa.me, which led to the issuance by the47 United Nations Human Rights Committee of its Views declaring



I that the Philippine Government violated its obligations under2 the International Covenant on Civil and Political Rights (ICCPR),3 manifests that Ombudsman Ma. Merceditas Navarro-Gutierrez4 has abandoned the Ombudsman's statutory and constitutional

5 duties, has undermined the integrity of her oflice, has brought6 disrepute to the Oflice of the Ombudsman, has acted in a7 manner contrary to her oath, the Constitution, law and justice,8 and has betrayed the public trust, to the prejudice and manifest9 injury of the Filipino people, rendering her unfit to continue in

10 office.1 112 Such conduct of Ombudsman Ma. Merceditas Navarro-13 Gutierrez warrants her conviction for betraya-l of the public14 trust, and removal from office and disqualification to hold any15 office under the Republic of the Philippines.I 6t718 ARTICLE VIT920 LOW COIWICTION RECORD2 I2223 Ombudsman Ma. Merceditas Navarro-Gutierrez violated24 her constitutional and statutory duties, as protector of the25 people, to act promptly on complaints against public officials or26 employees of the government and enforce their administrative,27 civil, and criminal liability in every case where the evidence28 warrants in order to promote efficient service by the29 Government to the people, and has betrayed the public trust by30 her dismal performance, as shown among others, by the Office3l of the Ombudsman's low conviction record, manifesting a level32 of incompetence and inefficiency amounting to a dereliction of33 duty.3435 Upon assumption by Ma. Merceditas Navarro-Gutierrez as36 head of the Office of the Ombudsman in December 2005, the37 conviction record for Ombudsman-conducted prosecutions has38 declined, highlighted by her performance in 2008 up to the39 filing of the impeachment complaints, and even includes a high40 number of plea bargaining agreements entered into by the Office4l of the Ombudsman.4243 Ombudsman Ma. Merceditas Navarro-Gutierrez has acted44 in a manner that violates her oath and constitutional duty, has45 undermined the integrity of her office, has brought disrepute to46 the Office of the Ombudsman, and has acted in a manner47 contrar5r to the Constitution, law and justice, to the prejudice



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and manifest injury of the Filipino people rendering her unfit tocontinue in office.

Such conduct of Ombudsman Ma. Merceditas Navarro-

Gutierrez warrants her conviction for betrayal of the publictrust, and removal from office and disqualilication to hold anyoffice under the Republic of the Philippines.

L C. TUPAS, JR.Chairmarr

Committee on Justice

ROMERO FEDTRTCO S. QUIMBO

RAUL A. DAZA



, /C. FARINAS

coMl,4ITTEEONJUSTICE15rHCONGRESS

REGULAR MEMBERSC.-

PEDRO LOLOY' 'P. ROMUALDOLDOV. UMALI

ELEANDROESUS .MADRONA

JOSE BENJAMIN. BENALDO

VICTORINOENNISM.SOCRATES

RONALq M. COSALAN

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JUANEDGARDO .ANGARA

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ALFffiDOD. MARANONII

RUFUS . RODRIGUEZ

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house-resolution-1089 ombudsman impeachment

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