1 1 REPUBLIC OF THE PHILIPPINES 2 HOUSE OF REPRESENTATIVES 3 QUEZON CITY 4 5 6 FIFTEENTH CONGRESS 7 First Regular Session 8 9 10 House Resolution No.

__________ 11 12 13 Introduced by: Representatives Niel C. Tupas, Jr., 14 Rodolfo C. Fariñas, Reynaldo V. Umali, Romero 15 Federico S. Quimbo, Raul A. Daza, Lorenzo R. Tañada 16 III, and Kaka J. Bag-ao 17 18 19 20 RESOLUTION IMPEACHING OMBUDSMAN 21 MA. MERCEDITAS NAVARRO-GUTIERREZ 22 FOR BETRAYAL OF PUBLIC TRUST 23 24 25RESOLVED, that Ombudsman Ma. Merceditas Navarro26Gutierrez, is impeached for betrayal of public trust pursuant to 27Article XI, Section 2 of the Constitution and that the following 28Articles of Impeachment be exhibited to the Senate of the 29Republic of the Philippines by the House of Representatives of 30the Republic of the Philippines in its own name and that of the 31Filipino people against said Ombudsman Ma. Merceditas 32Navarro-Gutierrez, in maintenance and support of its 33impeachment against her. 34 35 36 ARTICLE I 37 38 THE FERTILIZER FUND SCAM 39 40 41 Ombudsman Ma. Merceditas Navarro-Gutierrez violated 42her constitutional and statutory duties, as protector of the 43people, to act promptly on complaints against public officials 44or employees of the government and enforce their 45administrative, civil, and criminal liability in every case where 2

54 in 2006 and the 13Commission on Audit to file the appropriate charges against 14then Agriculture Secretary Luis “Cito” Lorenzo and then 15Agriculture Undersecretary Jocelyn “Joc-Joc” Bolante. Merceditas Navarro-Gutierrez has 17inexcusably failed to act promptly on the complaints 18pertaining to the “Fertilizer Fund Scam” for more than five (5) 19years and failed to file the appropriate cases in court. and has betrayed the public 3trust by inexcusably failing (1) to act promptly on the 4complaints filed and (2) to file the appropriate cases in court 5against high ranking government officials involved in the 6anomalous use of the Php728 Million “Ginintuang Masaganang 7Ani” (GMA) Program or the “Fertilizer Fund Scam”. 25 26 Ombudsman Ma. and complaints 23involving grave offenses and large sums of money and/or 24properties. and removal from office and disqualification to hold any 37office under the Republic of the Philippines.1 2 2 1the evidence warrants in order to promote efficient service by 2the Government to the people. has brought 29disrepute to the Office of the Ombudsman. 33 34 Such conduct of Ombudsman Ma. to the 31prejudice and manifest injury of the Filipino people rendering 32her unfit to continue in office. This is 20contrary to the Ombudsman’s duty to give priority to 21complaints filed against high ranking government officials 22and/or those occupying supervisory positions. 8 9 10 Notwithstanding the filing of complaints and the findings 11and recommendations in the Task Force Abono Reports in 122006. Merceditas Navarro35Gutierrez warrants her conviction for betrayal of the public 36trust. and has acted in a 30manner contrary to the Constitution. law and justice. Merceditas Navarro-Gutierrez violated 46her constitutional and statutory duties. has undermined the integrity of her office. among 16others. 38 39 40 ARTICLE II 41 42 EURO GENERALS SCANDAL 43 44 45 Ombudsman Ma. the Senate Committee Report No. to act promptly on complaints against public officials . as protector of the 47people. Ombudsman Ma. Merceditas Navarro-Gutierrez has 27acted in a manner that violates her oath and constitutional 28duty.

and has acted in a 31manner contrary to the Constitution. 11 12 On 15 November 2008. Eliseo De la Paz of the “Euro Generals Scandal. civil. and removal from office and disqualification to hold any 38office under the Republic of the Philippines. 18 19 Despite the lapse of more than two (2) years from the 20admission made by P/Dir.” despite 8the latter’s public admission under oath of a criminal offense 9and the findings of criminal liability by various government 10bodies. and has betrayed the public 5trust by inexcusably failing to file the appropriate cases in 6court against Philippine National Police (PNP) Comptroller 7P/Dir. Merceditas Navarro-Gutierrez violated 47her constitutional and statutory duties. to the 32prejudice and manifest injury of the Filipino people rendering 33her unfit to continue in office. P/Dir. and criminal liability in every case where 3the evidence warrants in order to promote efficient service by 4the Government to the people. Merceditas Navarro-Gutierrez has 28acted in a manner that violates her oath and constitutional 29duty. De la Paz. Ombudsman 24Ma. law and justice. has undermined the integrity of her office. 34 35 Such conduct of Ombudsman Ma. Merceditas Navarro-Gutierrez of the findings 22of the PNP that P/Dir. De la Paz and the submission to 21Ombudsman Ma. has brought 30disrepute to the Office of the Ombudsman. Merceditas Navarro36Gutierrez warrants her conviction for betrayal of the public 37trust. 39 40 41 ARTICLE III 42 43 THE MEGA-PACIFIC DEAL 44 45 46 Ombudsman Ma. and openly admitted therein that he brought an 15amount equivalent to more than US$10.000. as well as 23regulations of the Bangko Sentral ng Pilipinas. De la Paz violated laws. De la Paz. as protector of the . testified before 13the Senate Blue Ribbon Committee and Committee on Foreign 14Relations.1 2 3 1or employees of the government and enforce their 2administrative. 26 27 Ombudsman Ma.00 outside the 16Philippines without declaration thereof to the Philippine 17Bureau of Customs. Merceditas Navarro-Gutierrez has failed to file the 25appropriate cases in court against P/Dir.

(GR No. et. and criminal liability in every case where 4the evidence warrants in order to promote efficient service by 5the Government to the people. 11 12 Notwithstanding the findings of the Senate and the 13Supreme Court in Information Technology Foundation of the 14Philippines. al. and removal from office and disqualification to hold any 33office under the Republic of the Philippines. 21 22 Ombudsman Ma.” 18Ombudsman Ma. that “COMELEC and its officials 16concerned must bear full responsibility for the failed bidding 17and award. and criminal liability in every case where 46the evidence warrants in order to promote efficient service by 47the Government to the people. has brought 25disrepute to the Office of the Ombudsman. Merceditas Navarro-Gutierrez violated 42her constitutional and statutory duties. al. to act promptly on complaints against public officials 2or employees of the government and enforce their 3administrative. and held accountable for the electoral mess. has undermined the integrity of her office. law and justice. vs. Merceditas Navarro31Gutierrez warrants her conviction for betrayal of the public 32trust. January 13. and has betrayed the public 6trust by absolving from any criminal liability the Commission 7on Elections (COMELEC) officials and private individuals 8involved in the anomalous billion-peso contracts for the 9automation of the 2004 elections known as the “Mega Pacific 10Deal”. Merceditas Navarro-Gutierrez has absolved 19from any criminal liability the COMELEC officials and private 20individuals involved in the “Mega Pacific Deal”. and has acted in a 26manner contrary to the Constitution. and has betrayed the public . to the 27prejudice and manifest injury of the Filipino people rendering 28her unfit to continue in office. as protector of the 43people. civil. to act promptly on complaints against public officials 44or employees of the government and enforce their 45administrative. 15159139. 29 30 Such conduct of Ombudsman Ma. civil. Merceditas Navarro-Gutierrez has 23acted in a manner that violates her oath and constitutional 24duty. 2004). 34 35 36 ARTICLE IV 37 38 NBN-ZTE DEAL 39 40 41 Ombudsman Ma.1 2 4 1people. Commission on Elections et.

31 32 33 ARTICLE V 34 35 ENSIGN PHILIP PESTAÑO CASE 36 37 38 Ombudsman Ma. a former classmate 5of the Ombudsman. and removal from office and disqualification to hold any 30office under the Republic of the Philippines. personally and 2through her subordinates and agents. and criminal liability in every case where 43the evidence warrants in order to promote efficient service by 44the Government to the people. the Office of the Ombudsman indicted Benjamin 14Abalos and Romulo Neri but absolved Jose Miguel Arroyo in 15the NBN-ZTE Deal. and has acted in a 23manner contrary to the Constitution. 26 27 Such conduct of Ombudsman Ma. Jose Miguel Arroyo. to act promptly on complaints against public officials 41or employees of the government and enforce their 42administrative. from criminal prosecution stemming from 6the scandalous NBN-ZTE broadband contract (the “NBN-ZTE 7Deal”). by 46failing to act promptly and by wrongfully absolving the 47Philippine Navy officers and personnel implicated in the death . 8 9 Notwithstanding the evidence presented before the 10Office of the Ombudsman implicating former COMELEC 11Chairman Benjamin Abalos. 18 19 Ombudsman Ma. and displayed gross incompetence by 16inexcusably failing and refusing to investigate President Gloria 17Macapagal-Arroyo. to wrongfully exclude 3President Gloria Macapagal-Arroyo from investigation and 4absolve her husband. and has betrayed the public 45trust.1 2 5 1trust by using the powers of her high office. Merceditas Navarro28Gutierrez warrants her conviction for betrayal of the public 29trust. National Economic Development 12Authority (NEDA) Secretary Romulo Neri and Jose Miguel 13Arroyo. has brought 22disrepute to the Office of the Ombudsman. law and justice. as protector of the 40people. Merceditas Navarro-Gutierrez has 20acted in a manner that violates her oath and constitutional 21duty. Merceditas Navarro-Gutierrez violated 39her constitutional and statutory duties. has undermined the integrity of her office. personally and through her subordinates and agents. civil. to the 24prejudice and manifest injury of the Filipino people rendering 25her unfit to continue in office.

coupled 7with the delay in resolving the same. Merceditas Navarro21Gutierrez warrants her conviction for betrayal of the public 22trust. civil. as shown among others. law and justice. 12Merceditas Navarro-Gutierrez has abandoned the 13Ombudsman’s statutory and constitutional duties. and has betrayed the public 38trust by her dismal performance. which led to the 8issuance by the United Nations Human Rights Committee of 9its Views declaring that the Philippine Government violated its 10obligations under the International Covenant on Civil and 11Political Rights (ICCPR). Merceditas Navarro-Gutierrez 44as head of the Office of the Ombudsman in December 2005.1 2 6 1of Navy Ensign Philip Andrew Pestaño. to act promptly on complaints against public officials 34or employees of the government and enforce their 35administrative. has acted in a manner 16contrary to her oath. 19 20 Such conduct of Ombudsman Ma. and even includes a . 42 43 Upon assumption by Ma. has brought disrepute 15to the Office of the Ombudsman. by 39the Office of the Ombudsman’s low conviction record. as protector of the 33people. and removal from office and disqualification to hold any 23office under the Republic of the Philippines. Merceditas Navarro-Gutierrez violated 32her constitutional and statutory duties. highlighted by her performance in 2008 up to 47the filing of the impeachment complaints. 24 25 26 ARTICLE VI 27 28 LOW CONVICTION RECORD 29 30 31 Ombudsman Ma. manifests that Ombudsman Ma. to the prejudice and manifest injury 18of the Filipino people. and criminal liability in every case where 36the evidence warrants in order to promote efficient service by 37the Government to the people. rendering her unfit to continue in office. 5 6 The eventual dismissal of the Pestaño case. 45the conviction record for Ombudsman-conducted prosecutions 46has declined. has 14undermined the integrity of her office. the Constitution. and has 17betrayed the public trust. 40manifesting a level of incompetence and inefficiency 41amounting to a dereliction of duty. and the United Nations Human Rights Committee. notwithstanding the 2findings and recommendations of the Senate Committees on 3Justice and Human Rights and on National Defense and 4Security.

1 2 7 1high number of plea bargaining agreements entered into by 2the Office of the Ombudsman. 19 20 21 NIEL C. Merceditas Navarro-Gutierrez has 5acted in a manner that violates her oath and constitutional 6duty. UMALI RAUL A. 22 Chairman 23 Committee on Justice 24 25 26RODOLFO C. JR. law and justice. has brought 7disrepute to the Office of the Ombudsman. Merceditas Navarro13Gutierrez warrants her conviction for betrayal of the public 14trust. has undermined the integrity of her office. DAZA 32 33 34 35LORENZO R. and has acted in a 8manner contrary to the Constitution. 16 17 18 Adopted. 3 4 Ombudsman Ma. BAG-AO . and removal from office and disqualification to hold any 15office under the Republic of the Philippines. 27QUIMBO 28 29 30 31REYNALDO V. TUPAS. FARIÑAS ROMERO FEDERICO S. TAÑADA III KAKA J. 11 12 Such conduct of Ombudsman Ma. to the 9prejudice and manifest injury of the Filipino people rendering 10her unfit to continue in office.