OMBUDSMAN READY TO FACE IMPEACH MOVES IN CONGRESS
MANILA, APRIL 22, 2008 (STAR) By Edu Punay and Delon Porcalla - Ombudsman Merceditas Gutierrez is ready to face impeachment raps for her alleged questionable handling of the extortion charges against former justice secretary Hernando Perez and for reportedly sitting on corruption cases involving administration officials.Assistant Ombudsman Mark Jalandoni said Gutierrez “will face it (impeachment complaint) once it is filed – although we have yet to receive an actual copy of the complaint to see and examine their basis.”
“The Ombudsman recognizes the right of everybody in a democratic country to file a complaint as long as it is supported by necessary evidence,” Jalandoni told The STAR over the phone. “But as far as we are concerned, she is doing her job properly and well.”
Earlier, a group of lawyers under the Coalition Against Corruption announced plans to file an impeachment case against Gutierrez.
Lawyer Harry Roque said Gutierrez should be impeached “for filing of weak cases against... Perez and for failure to act on graft cases against lawmakers implicated in the fertilizer scam.”
Roque said that Gutierrez intentionally filed a weak case against Perez despite strong evidence gathered by the Anti-Money Laundering Council on the $2-million extortion case filed by former Manila Rep. Mark Jimenez. Jimenez later withdrew his complaint.
In his complaint-affidavit, Jimenez admitted he was “forced to come across with $2 million” after Perez “threatened and intimidated me and my family with bodily harm and incarceration in a city jail with hardened criminals and drug addicts unless I execute damaging affidavits against President Estrada and his cronies and associates.”
Roque also accused Gutierrez of not acting on corruption cases involving ranking officials, particularly former agriculture undersecretary Jocelyn “Jocjoc” Bolante, who is allegedly a key player in the multi-million peso fertilizer scam.
Jalandoni explained that the criminal charges filed with the Sandiganbayan against Perez and three others were strong.
“They were based on documentary evidence and could stand even after the withdrawal of the complaint of Jimenez,” Jalandoni said.
The Ombudsman is firm on its stand that Jimenez’s withdrawal of his complaint through an affidavit of desistance filed on Oct. 2, 2007 will not make a dent on the case.
“An affidavit of desistance carries no persuasive effect, especially when executed as an afterthought,” the Ombudsman said in its ruling on the extortion case issued last week.
‘Follow House rules’
Speaker Prospero Nograles said any impeachment complaint against the Ombudsman should be in accordance with House rules.
“We welcome any such complaint, as long as it is in accordance with a process laid down by the Constitution and it follows the rules on impeachment of the House,” Nograles said. “Any complaint that does not comply with the rules will be thrown out.”
Chief Presidential Legal Counsel Sergio Apostol said there is no basis for Roque to file an impeachment complaint against Gutierrez, since there is nothing in his reported complaint that suggests culpable violation of the constitution, bribery, graft and corruption, treason and betrayal of public trust on the part of the Ombudsman.
He argued that it was unfair for Roque to criticize Gutierrez for charging former secretary Perez with graft and corruption instead of plunder as demanded by the opposition.
“It would be very difficult for Gutierrez to upgrade the case against Perez as it would subject her to a lot of legal questions,” he said.
Apostol said Jimenez’s withdrawal of the case he filed against Perez would weaken the government’s case against him. “Wala ka nang complainant e paano ka maku-convict ngayon (There’s no complainant, so how can there be conviction?),” he asked.
Nograles, meanwhile, stressed that an impeachment complaint is a “political process and it doesn’t follow that the filing of a complaint alone should already merit a positive action.”
“Just like all impeachment cases, the complainant should be able to follow our existing rules on impeachment. After that, the complainant should be able to convince the members of the committee on justice that there is basis to push through with the complaint and finally, he should be able to get affirmative vote of one-third of the House members,” he said.
“In short, there is a process and it is not just the Speaker who decides on whether or not an impeachment complaint can prosper in the House of Representatives,” he said in a statement.
“Half-baked complaints will only make a mockery of our constitutional processes. If you file an impeachment complaint, they should make sure that all allegations are substantiated by proofs that can hold water and convincing enough to get the support of the majority members of the House,” Nograles said. – With Christina Paguinto and Jose Miguel Reyes
Reported by: Sol Jose Vanzi
© Copyright, 2008
by PHILIPPINE HEADLINE NEWS ONLINE
All rights reserved