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February 28, 2011


Committee on Justice

Dear Chairman Tupas:


Greetings to the Chairman and members of the Honorable

Committtee on Justice.
The undersigned Complainant and Endorser, in compliance with
and pursuant to Rule III Section 5 of the Rules of Procedure on
Impeachment of the 15th Congress, respectfully submit the affidavits
of complainants and their witnesses including the attached
documentary evidence, and a list of the witnesses and document we
have or will be submitting to or presenting before this Honorable
Committee in support of complainants' Impeachment Complaint
against Ombudsman Merceditas Gutierrez and in rejoinder to any
answer or defense of the respondent Ombudsman:

1) Documents in relation to the General Allegations:

a) Sworn Statement of Mr. Renato Reyes Jr. as to the

Impeachment Complaint and the grounds thereto. Mr. Reyes
will testify as a witness on the same, as well as the other

2) Documents-evidence in relation to the Fertilizer Fund


a) KMP et al. Complaint with Annexes A to A-5, B, Annex C, D, E

prefaced by the Sworn Statements of Mr. Danilo Ramos and Atty.
Jobert Pajilga

b) Sandiganbayan Certification that no complaint has been filed by
the Ombudsman against Jocelyn “Jocjoc” Bolante and Luis “Cito”
c) Senate Report (Blue Ribbon Committee) on the Fertilizer Scam
d) Senate Report 254
e) Senate Report 54
f) Sworn Statement of former Solgen Francisco Chavez with his
Complaint for Plunder together with its attached evidentiary

Attached to his sworn statement:

a. Amended Complaint-Affidavit dated May 26, 2004 for plunder
against Pres. Arroyo et al in relation to P 728M GMA Fund Scam
b. Manifestation dated 31 May 2004 identifying Bolante as John
Doe mentioned in the complaint
c. Complaint-Affidavit dated June 8, 2004 - Second Plunder
charge against GMA et al in relation to the 1,102,391,000 GMA
Fund scam in addition to the 728M
d. Complaint-Affidavit dated 25 June 2004 – Plunder charge
against GMA et al in relation to “Oplan Mercury” involving NFA,
e. Complaint-Affidavit dated 20 July 2004 - Plunder charge
against GMA et al for misuse of OWWA Funds
f. and f-1. Motion to Recuse and Follow-up letter to Ombudsman
Marcelo to inhibit from investigating/hearing the case
g. Letter to Ombudsman for Luzon dated 27 August 2004 asking
for update on the plunder charges
h. Letter from Ombudsman for Luzon dated 02 September 2004
informing Atty. Chavez that Marcelo inhibited himself from
investigating/hearing the plunder cases
i. Letter dated 02 December 2004 asking for an update on the
plunder charges
J. to J-2, letter from Ombudsman with 2 pages attachment
regarding the office’s action plans on the plunder charges
k. Letter dated 29 November 2005 to follow up on the action
l. 12 December 2005 letter from the Ombudsman informing Atty.
Chavez that the plunder complaints were returned to the Central
Office as Marcelo resigned
m. Letter dated 21 December 2005 with Atty. Chavez informing
the Ombudsman that it made him wait for nothing
n. Letter dated 03 February 2006 to Sen. Magsaysay
o. Reply letter of Sen. Magsaysay dated 08 February 2006
p. Senate Committee Report No. 54 dated 01 March 2006
p-1. Transmittal letter of Senate Committee Report No. 54 to the
q. COA Report on the audit of the 728 M GMA Funds
r. Motion to require Respondents to Submit Counter-Affidavit
s. Filed Investigation Office report dated 20 June 2006
recommending the filing of criminal and administrative cases
against Jocjoc et al
t. Consolidated Report of FIO dated 20 July 2006 recommending
the filing of criminal and administrative charges against the local
officials of Butuan City and private individuals involved in the 728
GMA Fund scam

Witnesses for the Fertilizer Scam :

i) Mr. Danilo Ramos, KMP Secretary General with his
sworn statement
ii) Former Solgen Francisco Chavez with his sworn
iii) Atty. Jobert Pahilga with his sworn statement
iv) Other witnesses such as the farmers who did not
receive the supposed fertilizer with their sworn statements;
witnesses from the Commission on Audit who will testify on
the irregularities in the Fertilizer Fund scam; Senate
Committee Secretary to attest to holding of Committee
hearings on the fertilizer scam and the fact that the Senate
has transmitted its report to the Ombudsman together with
their respective documents.

3) Documents in relation to the Euro Generals

a) Sworn Statement of Complainant Ferdinand Gaite, Secretary

General of COURAGE, on the case of the Euro Generals
b) Senate Transcript of Stenographic Notes (TSN) containing
admissions of Gen. Eliseo de la Paz as to his failure to declare
that he was carrying more than US $ 10,000 cash out of the
country and other related issues
c) Senate Report No. 229 (11/13/2008) and its annexes and
d) Central Bank Circular on the need to declare the carrying of
currency in excess of US$ 10,000.00

e) PNP-CIDG Report and PNP DIDM report and memorandum
and other documents relevant to its investigation of the Euro-
Generals scandal
f) Certification from the Sandiganbayan dated February 28,
2011 that no criminal/civil case has been filed against Police
Director Eliseo D. Dela Paz
g) Certification from the Bureau of Customs about the non
declaration of carrying out of the country dollars in excess of
h) News reports on the euro generals

1. Ferdinand Gaite with his sworn statement
2. Other witnesses such as Customs Collector Teresita Roque
and other witnesses from the Bureau of Customs and the
Central Bank with their respective sworn statements; witness
from the Senate on the Senate inquiry and the transmittal to
the Ombudsman of the Report with his sworn statement; other
witnesses who will testify on the findings of the PNP and COA
with their respective sworn statements

4) Documents in relation to the Information Technology

Foundation of the Philippines (ITFP) or the Mega Pacific
eSolutions, Inc. case

a) Sworn Statement of Mr. Gus Lagman and its annexes

b) Supreme Court Resolutions/Decisions in relation to the (GR
No. 159139) dated 1/13/2006, 6/13/2006, /5/3/2006
c) Ombudsman Resolution in the cases of Kilos Bayan vs.
Benjamin Abalos et al and Pimentel vs. Benjamin Abalos et al.
d) Ombudsman Supplemental Resolution in the cases of Kilos
Bayan vs. Benjamin Abalos et al and Pimentel vs. Benjamin
Abalos et al.
e) Other witness and documents


1. Mr. Gus Lagman with his sworn statement

2. Other witnesses

We have also attached in the Impeachment Complaint

documentary evidence in support of the said impeachment complaint.
We reserve the right to submit additional witnesses, affidavits and
documentary evidence in response or as a rejoinder to the answer or
defense of respondent Ombudsman and in relation to any requirement
of the Articles of Impeachment that may be issued by the House of

Thank you


(Bayan Muna)
Complainant Endorser