The Philippine Online Chronicles

The House Committee on Justice today decided that the two impeachment complaints against Ombudsman Merciditas Gutierrez have sufficient grounds to proceed to trial. The first complaint filed by former Rep. Risa Hontiveros-Baraquel got a vote of 41-12 while the second complaint filed by Renato Reyes of Bagong Alyansang Makabayan got a vote of 42-12.

The committee will start the clarificatory hearings tomorrow to allow complainants and endorsers to present their cases and evidences against Gutierrez.

Committee chair Rep. Niel Tupas (Iloilo) said the committee will invite Gutierrez to appear in the hearing on March 7. “This is a historic development. For the first time, the impeachment procedure reached at this level in Congress.”

Complainants said Gutierrez had been remiss in her duties as the Ombudsman and betrayed public trust by failing to act on controversial cases of corruption including the following: “the USD329 million NBN-ZTE deal, the P728-million fertilizer fund scam, the P1-million dinner of the Arroyo entourage during a US trip, refusal to provide copies of Ang Galing Pinoy party-list Rep. Juan Miguel 'Mikey' M. Arroyo’s statement of asset and liabilities and net worth, and delays on cases that affect the public's welfare.”

Long overdue

After more than an hour of debating on the House Rules on Impeachment, committee members voted 37-8 to push through with the case against Gutierrez.

The committee dismissed the motion of Isabela Rep. Rodolfo Albano to stop the impeachment process and give Gutierrez 15 days to reply and to wait for the finality of the Supreme Court decision.

The impeachment complaint was first filed on July 22, 2010. It was referred to the House Committee on Justice on August 11, 2010. The second complaint was referred in September but Gutierrez sought a motion for reconsideration from the Supreme Court which issued a status quo order.

Last February 15, the SC lifted the ante order and allowed Congress to proceed with the impeachment process.

Militant legislators argued that the impeachment process was actually long overdue because of dilatory tactics. Bayan Muna Rep. Neri Colmenares said “impeachable officials like Gutierrez are like ‘demigods’ who cannot be charged in court while people are mortals waiting for justice.”

He said it is high time for Congress to side with the people. “Gutierrez is not the aggrieved party here. We are not being unfair to her. Farmers who filed a case on the fertilizer fund scam have waited for years,” the solon said.

Rep. Teddy Casino said the Congress have been more than generous to the Supreme Court and the Office of the Ombudsman. “We are not violating Gutierrezes’ rights as an accused. We have given her time to reply. If they accuse us of being hasty, then so be it. Justice cannot wait any longer,” he added.

Pro-Gutierrez lawmakers

Some legislators attempted to further delay the proceedings. Rep. Rodante Marcoleta tried to convince the committee to reconsider its decision to take up the impeachment while Davao del Sur Rep. [[Mark Douglas Cagas] said that Gutierrez, like any other accused person, must be given her day in court.

Legislators who opposed the sufficiency in grounds of the impeachment complaint were Rep. Marcoleta, Rep. Cagas, Rep. Rodolfo Albano (Isabela), Rep. Mark Llandro Mendoza (Batangas), Rep. Ferdinand Martin Romualdez (Leyte), Rep. Danilo Suarez (Quezon), Rep. Georgidi Aggabao (Isabela), Rep. Emeline Aglipay (PL-DIWA), Rep. Amelita Calimbas-Villarosa (Occidental Mindoro), Rep. Simeon Datumanong (Maguindanao), Rep. Orlando Fua (Siquijor), Rep. Pedro Romualdo (Camiguin), and Rep. Arthur Yap (Bohol). Most of them are identified allies of former President and now Pampanga Rep. Gloria Macapagal-Arroyo.

Some legislators also argued that efforts in the Lower House will be nullified if the Supreme Court reverses its decision on the impeachment. But Rep. Raul Daza (Northern Samar) said the likelihood of SC reversing its decision is very remote. Daza further challenged his colleagues to “take the risk and meet the challenge of history by proceeding with the impeachment.”

Rules

Tupas has initially outlined the rules for the hearings. Tomorrow, all committee members will have two minutes each to examine and cross-examine the witnesses and endorsers of the complaints.

Article 11, Section 3 (2) of the Constitution says that the House Committee on Justice must submit its report on the impeachment complaint to the plenary within 60 days from its referral.

He said the committee will not lose jurisdiction over the case even beyond the prescribed period because the status quo ante order had also effectively stalled the 60 days from running.