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Ombud studies option on SC decision

February15, 2011

MANILA (Updated 3 p.m.) — Ombudsman Merceditas Gutierrez is exploring her options on the Supreme Court’s (SC) decision allowing the House of Representatives to proceed with the impeachment hearings against her.

Voting 7-5-2, the High Court denied the petition of Gutierrez to stop the impeachment proceedings against her by the House of Representatives.

In a short statement, the Office of the Ombudsman said it has yet to receive a copy of the ruling, “pending such receipt, the Ombudsman is still studying her options, including the filing of a motion for reconsideration on the decision,” the statement read.

The High Tribunal on Tuesday lifted the status quo ante order it issued on the House justice committee after Gutierrez argued that the law allows only one impeachment complaint against the Ombudsman in a span of one year.

Supreme Court spokesperson Jose Midas Marquez said the seven justices who concurred with the decision are: Associate Justices Antonio Carpio, Conchita Carpio-Morales, Maria Lourdes Sereno, Roberto Abad, Jose Mendoza, Eduardo Nachura, and Martin Villarama Jr.

Chief Justice Renato Corona led the list of five dissenters, alongside Associate Justices Arturo Brion, Lucas Bersamin, Teresita Leonardo-De Castro, and Diosdado Peralta.

Associate Justices Mariano del Castillo and Jose Perez voted to partially grant Gutierrez’s motion, while Associate Justice Presbitero Velasco did not join the deliberations.

To recall, two complaints were filed against Gutierrez last year – one filed by former Akbayan Risa Hontiveros and the other filed by progressive group Bagong Alyansang Makabayan (Bayan).

Bayan Secretary General Renato Reyes said they welcome the dismissal of the petition of Gutierrez and they look forward to presenting the evidence before the House justice committee.

“We need the impeachment to proceed, especially now that there are allegations of gross corruption and when the Ombudsman has failed to uphold its mandate of going after corrupt government officials, as shown in the Garcia plea bargain,” Reyes said in a text message.

“Puno ng pag-asa itong decision na inilabas ng Supreme Court ngayong araw na ito,” former Akbayan Representative Risa Hontiveros said in a television interview.

Hontiveros said the SC’s decision will also serve notice to former President Gloria Macapagal Arroyo. “If we succeed at impeaching the Ombudsman, she’ll be next. We’ll be preparing the cases we will file against her…” Hontiveros said.

Hontiveros, together with retired Brigadier General Danilo Lim and Evelyn and Felipe Pestaño — parents of Phillip Andrew Pestano, a deceased Philippine Navy Ensign who allegedly had knowledge about the involvement of Navy officials in illegal activities — filed the first impeachment charges against Gutierrez which was later endorsed by Akbayan party-list lawmakers.

Last year, the House justice committee found the two impeachment complaints, which may be consolidated, to be sufficient in form and substance.

House justice committee vice-chair and Ilocos Norte Representative Rodolfo Farinas said that once the SC decision becomes final, the 10-day period given to Ombudsman Gutierrez to answer the two impeachment complaints against her will run.

“After she submits her answer or if she fails to answer within that period, the committee on justice will then vote whether or not there is probable cause to proceed with the investigation of the complaint/s where we will hear the parties and their witnesses,” he said in a text message.

In the Senate, Senator Francis Pangilinan on Tuesday welcomed the SC decision saying it affirms the jurisdiction of the House of Representative over the complaint.

“We believe that impeachment is a matter that falls exclusively within the jurisdiction of Congress, and that the Supreme Court should never have intervened in the first place,” said Pangilinan.
The SC issued a halt order on the impeachment complaint last year to consider Gutierrez’s petition.

“That the SC realized its mistake is a welcome development,” added Pangilinan. “There was this growing perception that the Supreme Court was taking the cudgels for former President Gloria Macapagal-Arroyo whose administration has cases that have been gathering dust in the Ombudsman.”

The senator also said Gutierrez’s perceived failure to crack down on corruption “emboldened many to continue with their corrupt ways”.
In Malacanang, Presidential spokesperson Edwin Lacierda said: “We welcome that development but again we leave it to the House to continue with their impeachment proceedings against the Ombudsman.” (Virgil Lopez/Kathrina Alvarez/Jonathan de Santos/Jill Beltran/Sunnex)

Source: http://www.sunstar.com.ph/manila/local-news/ombud-studies-option-sc-decision

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