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REPUBLIC OF THE PHILIPPINES HOUSE OF REPRESENTATIVES QUEZON CITY FIFTEENTH CONGRESS First Regular Session House Resolution No. 1089

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

RESOLUTION IMPEACHING OMBUDSMAN MA. MERCEDITAS NAVARRO-GUTIERREZ FOR BETRAYAL OF PUBLIC TRUST

RESOLVED, that Ombudsman Ma. Merceditas Navarro-Gutierrez, is impeached for betrayal of public trust pursuant to Article XI, Section 2 of the Constitution and that the following Articles of Impeachment be exhibited to the Senate of the Republic of the Philippines by the House of Representatives of the Republic of the Philippines in its own name and that of the Filipino people against said Ombudsman Ma. Merceditas Navarro-Gutierrez, in maintenance and support of its impeachment against her.

ARTICLE I THE FERTILIZER FUND SCAM

Ombudsman Ma. Merceditas Navarro-Gutierrez violated her constitutional and statutory duties, as protector of the people, to

Such conduct of Ombudsman Ma. and complaints involving grave offenses and large sums of money and/or properties. . Merceditas NavarroGutierrez warrants her conviction for betrayal of the public trust. 54 in 2006 and the Commission on Audit to file the appropriate charges against then Agriculture Secretary Luis “Cito” Lorenzo and then Agriculture Undersecretary Jocelyn “Joc-Joc” Bolante. has brought disrepute to the Office of the Ombudsman. and has acted in a manner contrary to the Constitution. Merceditas Navarro-Gutierrez has acted in a manner that violates her oath and constitutional duty. and removal from office and disqualification to hold any office under the Republic of the Philippines.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 act promptly on complaints against public officials or employees of the government and enforce their administrative. Ombudsman Ma. to the prejudice and manifest injury of the Filipino people rendering her unfit to continue in office. Ombudsman Ma. and has betrayed the public trust by inexcusably failing (1) to act promptly on the complaints filed and (2) to file the appropriate cases in court against high ranking government officials involved in the anomalous use of the Php728 Million “Ginintuang Masaganang Ani” (GMA) Program or the “Fertilizer Fund Scam”. law and justice. Merceditas Navarro-Gutierrez has inexcusably failed to act promptly on the complaints pertaining to the “Fertilizer Fund Scam” for more than five (5) years and failed to file the appropriate cases in court. Notwithstanding the filing of complaints and the findings and recommendations in the Task Force Abono Reports in 2006. civil. has undermined the integrity of her office. This is contrary to the Ombudsman’s duty to give priority to complaints filed against high ranking government officials and/or those occupying supervisory positions. the Senate Committee Report No. among others. and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people.

Eliseo De la Paz of the “Euro Generals Scandal. Despite the lapse of more than two (2) years from the admission made by P/Dir. testified before the Senate Blue Ribbon Committee and Committee on Foreign Relations. and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people. and removal from office and disqualification to hold any office under the Republic of the Philippines.3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ARTICLE II EURO GENERALS SCANDAL Ombudsman Ma. P/Dir. Such conduct of Ombudsman Ma. to the prejudice and manifest injury of the Filipino people rendering her unfit to continue in office. Merceditas Navarro-Gutierrez violated her constitutional and statutory duties. Ombudsman Ma.000. civil. . has undermined the integrity of her office. De la Paz and the submission to Ombudsman Ma. De la Paz. and openly admitted therein that he brought an amount equivalent to more than US$10.00 outside the Philippines without declaration thereof to the Philippine Bureau of Customs. and has betrayed the public trust by inexcusably failing to file the appropriate cases in court against Philippine National Police (PNP) Comptroller P/Dir. On 15 November 2008.” despite the latter’s public admission under oath of a criminal offense and the findings of criminal liability by various government bodies. Merceditas Navarro-Gutierrez of the findings of the PNP that P/Dir. law and justice. Ombudsman Ma. as well as regulations of the Bangko Sentral ng Pilipinas. De la Paz violated laws. and has acted in a manner contrary to the Constitution. to act promptly on complaints against public officials or employees of the government and enforce their administrative. has brought disrepute to the Office of the Ombudsman. De la Paz. Merceditas Navarro-Gutierrez has failed to file the appropriate cases in court against P/Dir. Merceditas Navarro-Gutierrez has acted in a manner that violates her oath and constitutional duty. Merceditas NavarroGutierrez warrants her conviction for betrayal of the public trust. as protector of the people.

to act promptly on complaints against public officials or employees of the government and enforce their administrative. to the prejudice and manifest injury of the Filipino people rendering her unfit to continue in office. (GR No. has undermined the integrity of her office. . Notwithstanding the findings of the Senate and the Supreme Court in Information Technology Foundation of the Philippines. Merceditas NavarroGutierrez warrants her conviction for betrayal of the public trust. vs. has brought disrepute to the Office of the Ombudsman. 2004).4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 ARTICLE III THE MEGA-PACIFIC DEAL Ombudsman Ma. that “COMELEC and its officials concerned must bear full responsibility for the failed bidding and award. Merceditas Navarro-Gutierrez violated her constitutional and statutory duties. Commission on Elections et. law and justice. as protector of the people. and removal from office and disqualification to hold any office under the Republic of the Philippines. al. Merceditas Navarro-Gutierrez has absolved from any criminal liability the COMELEC officials and private individuals involved in the “Mega Pacific Deal”.” Ombudsman Ma. civil. and held accountable for the electoral mess. et. Merceditas Navarro-Gutierrez has acted in a manner that violates her oath and constitutional duty. Such conduct of Ombudsman Ma. and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people. and has acted in a manner contrary to the Constitution. al. January 13. Ombudsman Ma. 159139. and has betrayed the public trust by absolving from any criminal liability the Commission on Elections (COMELEC) officials and private individuals involved in the anomalous billion-peso contracts for the automation of the 2004 elections known as the “Mega Pacific Deal”.

to act promptly on complaints against public officials or employees of the government and enforce their administrative. Such conduct of Ombudsman Ma. as protector of the people. National Economic Development Authority (NEDA) Secretary Romulo Neri and Jose Miguel Arroyo. to the prejudice and manifest injury of the Filipino people rendering her unfit to continue in office. and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people. .5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ARTICLE IV NBN-ZTE DEAL Ombudsman Ma. the Office of the Ombudsman indicted Benjamin Abalos and Romulo Neri but absolved Jose Miguel Arroyo in the NBN-ZTE Deal. and has acted in a manner contrary to the Constitution. a former classmate of the Ombudsman. Notwithstanding the evidence presented before the Office of the Ombudsman implicating former COMELEC Chairman Benjamin Abalos. civil. Jose Miguel Arroyo. and removal from office and disqualification to hold any office under the Republic of the Philippines. Merceditas NavarroGutierrez warrants her conviction for betrayal of the public trust. and displayed gross incompetence by inexcusably failing and refusing to investigate President Gloria Macapagal-Arroyo. and has betrayed the public trust by using the powers of her high office. has brought disrepute to the Office of the Ombudsman. from criminal prosecution stemming from the scandalous NBN-ZTE broadband contract (the “NBN-ZTE Deal”). personally and through her subordinates and agents. Ombudsman Ma. Merceditas Navarro-Gutierrez has acted in a manner that violates her oath and constitutional duty. to wrongfully exclude President Gloria Macapagal-Arroyo from investigation and absolve her husband. law and justice. Merceditas Navarro-Gutierrez violated her constitutional and statutory duties. has undermined the integrity of her office.

the Constitution. personally and through her subordinates and agents. coupled with the delay in resolving the same. Merceditas Navarro-Gutierrez has abandoned the Ombudsman’s statutory and constitutional duties. Such conduct of Ombudsman Ma. .6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 ARTICLE V ENSIGN PHILIP PESTAÑO CASE Ombudsman Ma. which led to the issuance by the United Nations Human Rights Committee of its Views declaring that the Philippine Government violated its obligations under the International Covenant on Civil and Political Rights (ICCPR). The eventual dismissal of the Pestaño case. as protector of the people. and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people. and has betrayed the public trust. to the prejudice and manifest injury of the Filipino people. Merceditas Navarro-Gutierrez violated her constitutional and statutory duties. law and justice. notwithstanding the findings and recommendations of the Senate Committees on Justice and Human Rights and on National Defense and Security. and the United Nations Human Rights Committee. has brought disrepute to the Office of the Ombudsman. civil. rendering her unfit to continue in office. manifests that Ombudsman Ma. by failing to act promptly and by wrongfully absolving the Philippine Navy officers and personnel implicated in the death of Navy Ensign Philip Andrew Pestaño. has undermined the integrity of her office. and has betrayed the public trust. and removal from office and disqualification to hold any office under the Republic of the Philippines. Merceditas NavarroGutierrez warrants her conviction for betrayal of the public trust. to act promptly on complaints against public officials or employees of the government and enforce their administrative. has acted in a manner contrary to her oath.

Chairman Committee on Justice . and removal from office and disqualification to hold any office under the Republic of the Philippines. law and justice. Upon assumption by Ma. as shown among others. and has betrayed the public trust by her dismal performance. highlighted by her performance in 2008 up to the filing of the impeachment complaints. to act promptly on complaints against public officials or employees of the government and enforce their administrative. to the prejudice and manifest injury of the Filipino people rendering her unfit to continue in office. Merceditas NavarroGutierrez warrants her conviction for betrayal of the public trust. Ombudsman Ma. manifesting a level of incompetence and inefficiency amounting to a dereliction of duty. Merceditas Navarro-Gutierrez as head of the Office of the Ombudsman in December 2005. by the Office of the Ombudsman’s low conviction record. and criminal liability in every case where the evidence warrants in order to promote efficient service by the Government to the people. the conviction record for Ombudsman-conducted prosecutions has declined. Adopted. Merceditas Navarro-Gutierrez has acted in a manner that violates her oath and constitutional duty. NIEL C. Merceditas Navarro-Gutierrez violated her constitutional and statutory duties. and even includes a high number of plea bargaining agreements entered into by the Office of the Ombudsman.7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ARTICLE VI LOW CONVICTION RECORD Ombudsman Ma. and has acted in a manner contrary to the Constitution. as protector of the people. has brought disrepute to the Office of the Ombudsman. civil. TUPAS. JR. Such conduct of Ombudsman Ma. has undermined the integrity of her office.

TAÑADA III NERI J. COLMENARES KAKA J. DAZA LORENZO R. UMALI RAUL A. BAG-AO . FARIÑAS ROMERO FEDERICO S. QUIMBO REYNALDO V.8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RODOLFO C.

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