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.

1089 11 12 13 Introduced by: Representatives Niel C. Tupas, Jr., Rodolfo 14 C. Fariñas, Reynaldo V. Umali, Romero Federico S. 15 Quimbo, Raul A. Daza, Lorenzo R. Tañada III, Neri J. 16 Colmenares, 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 Navarro-Gutierrez, 26is impeached for betrayal of public trust pursuant to Article XI, 27Section 2 of the Constitution and that the following Articles of 28Impeachment be exhibited to the Senate of the Republic of the 29Philippines by the House of Representatives of the Republic of 30the Philippines in its own name and that of the Filipino people 31against said Ombudsman Ma. Merceditas Navarro-Gutierrez, in 32maintenance and support of its impeachment against her. 33 34 35 ARTICLE I 36 37 THE FERTILIZER FUND SCAM 38 39 40 Ombudsman Ma. Merceditas Navarro-Gutierrez violated her 41constitutional and statutory duties, as protector of the people, to 2

1 1act promptly on complaints against public officials or employees 2of the government and enforce their administrative, civil, and 3criminal liability in every case where the evidence warrants in 4order to promote efficient service by the Government to the 5people, and has betrayed the public trust by inexcusably failing 6(1) to act promptly on the complaints filed and (2) to file the 7appropriate cases in court against high ranking government 8officials involved in the anomalous use of the Php728 Million 9“Ginintuang Masaganang Ani” (GMA) Program or the “Fertilizer 10Fund Scam”. 11 12 13 Notwithstanding the filing of complaints and the findings 14and recommendations in the Task Force Abono Reports in 2006, 15the Senate Committee Report No. 54 in 2006 and the 16Commission on Audit to file the appropriate charges against then 17Agriculture Secretary Luis “Cito” Lorenzo and then Agriculture 18Undersecretary Jocelyn “Joc-Joc” Bolante, among others, 19Ombudsman Ma. Merceditas Navarro-Gutierrez has inexcusably 20failed to act promptly on the complaints pertaining to the 21“Fertilizer Fund Scam” for more than five (5) years and failed to 22file the appropriate cases in court. This is contrary to the 23Ombudsman’s duty to give priority to complaints filed against 24high ranking government officials and/or those occupying 25supervisory positions, and complaints involving grave offenses 26and large sums of money and/or properties. 27 28 Ombudsman Ma. Merceditas Navarro-Gutierrez has acted 29in a manner that violates her oath and constitutional duty, has 30undermined the integrity of her office, has brought disrepute to 31the Office of the Ombudsman, and has acted in a manner 32contrary to the Constitution, law and justice, to the prejudice and 33manifest injury of the Filipino people rendering her unfit to 34continue in office. 35 36 Such conduct of Ombudsman Ma. Merceditas Navarro37Gutierrez warrants her conviction for betrayal of the public trust, 38and removal from office and disqualification to hold any office 39under the Republic of the Philippines. 40 41 2

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1 ARTICLE II 2 3 EURO GENERALS SCANDAL 4 5 Ombudsman Ma. Merceditas Navarro-Gutierrez violated her 6constitutional and statutory duties, as protector of the people, to 7act promptly on complaints against public officials or employees 8of the government and enforce their administrative, civil, and 9criminal liability in every case where the evidence warrants in 10order to promote efficient service by the Government to the 11people, and has betrayed the public trust by inexcusably failing 12to file the appropriate cases in court against Philippine National 13Police (PNP) Comptroller P/Dir. Eliseo De la Paz of the “Euro 14Generals Scandal,” despite the latter’s public admission under 15oath of a criminal offense and the findings of criminal liability by 16various government bodies. 17 18 On 15 November 2008, P/Dir. De la Paz, testified before the 19Senate Blue Ribbon Committee and Committee on Foreign 20Relations, and openly admitted therein that he brought an 21amount equivalent to more than US$10,000.00 outside the 22Philippines without declaration thereof to the Philippine Bureau 23of Customs. 24 25 Despite the lapse of more than two (2) years from the 26admission made by P/Dir. De la Paz and the submission to 27Ombudsman Ma. Merceditas Navarro-Gutierrez of the findings of 28the PNP that P/Dir. De la Paz violated laws, as well as regulations 29of the Bangko Sentral ng Pilipinas, Ombudsman Ma. Merceditas 30Navarro-Gutierrez has failed to file the appropriate cases in court 31against P/Dir. De la Paz. 32 33 Ombudsman Ma. Merceditas Navarro-Gutierrez has acted 34in a manner that violates her oath and constitutional duty, has 35undermined the integrity of her office, has brought disrepute to 36the Office of the Ombudsman, and has acted in a manner 37contrary to the Constitution, law and justice, to the prejudice and 38manifest injury of the Filipino people rendering her unfit to 39continue in office. 40 41 Such conduct of Ombudsman Ma. Merceditas Navarro42Gutierrez warrants her conviction for betrayal of the public trust, 43and removal from office and disqualification to hold any office 44under the Republic of the Philippines.

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1 ARTICLE III 2 3 THE MEGA-PACIFIC DEAL 4 5 Ombudsman Ma. Merceditas Navarro-Gutierrez violated 6her constitutional and statutory duties, as protector of the 7people, to act promptly on complaints against public officials or 8employees of the government and enforce their administrative, 9civil, and criminal liability in every case where the evidence 10warrants in order to promote efficient service by the 11Government to the people, and has betrayed the public trust by 12absolving from any criminal liability the Commission on 13Elections (COMELEC) officials and private individuals involved in 14the anomalous billion-peso contracts for the automation of the 152004 elections known as the “Mega Pacific Deal”. 16 17 Notwithstanding the findings of the Senate and the 18Supreme Court in Information Technology Foundation of the 19Philippines, et. al. vs. Commission on Elections et. al. (GR No. 20159139, January 13, 2004), that “COMELEC and its officials 21concerned must bear full responsibility for the failed bidding and 22award, and held accountable for the electoral mess,” 23Ombudsman Ma. Merceditas Navarro-Gutierrez has absolved 24from any criminal liability the COMELEC officials and private 25individuals involved in the “Mega Pacific Deal”. 26 27 Ombudsman Ma. Merceditas Navarro-Gutierrez has acted 28in a manner that violates her oath and constitutional duty, has 29undermined the integrity of her office, has brought disrepute to 30the Office of the Ombudsman, and has acted in a manner 31contrary to the Constitution, law and justice, to the prejudice and 32manifest injury of the Filipino people rendering her unfit to 33continue in office. 34 35 Such conduct of Ombudsman Ma. Merceditas Navarro36Gutierrez warrants her conviction for betrayal of the public trust, 37and removal from office and disqualification to hold any office 38under the Republic of the Philippines. 39 40

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1 ARTICLE IV 2 3 NBN-ZTE DEAL 4 5 Ombudsman Ma. Merceditas Navarro-Gutierrez violated her 6constitutional and statutory duties, as protector of the people, to 7act promptly on complaints against public officials or employees 8of the government and enforce their administrative, civil, and 9criminal liability in every case where the evidence warrants in 10order to promote efficient service by the Government to the 11people, and has betrayed the public trust by using the powers of 12her high office, personally and through her subordinates and 13agents, to wrongfully exclude President Gloria Macapagal-Arroyo 14from investigation and absolve her husband, Jose Miguel Arroyo, 15a former classmate of the Ombudsman, from criminal 16prosecution stemming from the scandalous NBN-ZTE broadband 17contract (the “NBN-ZTE Deal”). 18 19 Notwithstanding the evidence presented before the Office 20of the Ombudsman implicating former COMELEC Chairman 21Benjamin Abalos, National Economic Development Authority 22(NEDA) Secretary Romulo Neri and Jose Miguel Arroyo, the Office 23of the Ombudsman indicted Benjamin Abalos and Romulo Neri 24but absolved Jose Miguel Arroyo in the NBN-ZTE Deal, and 25displayed gross incompetence by inexcusably failing and 26refusing to investigate President Gloria Macapagal-Arroyo. 27 28 Ombudsman Ma. Merceditas Navarro-Gutierrez has acted 29in a manner that violates her oath and constitutional duty, has 30undermined the integrity of her office, has brought disrepute to 31the Office of the Ombudsman, and has acted in a manner 32contrary to the Constitution, law and justice, to the prejudice and 33manifest injury of the Filipino people rendering her unfit to 34continue in office. 35 36 Such conduct of Ombudsman Ma. Merceditas Navarro37Gutierrez warrants her conviction for betrayal of the public trust, 38and removal from office and disqualification to hold any office 39under the Republic of the Philippines. 40 41 42

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1 ARTICLE V 2 3 ENSIGN PHILIP PESTAÑO CASE 4 5 Ombudsman Ma. Merceditas Navarro-Gutierrez violated her 6constitutional and statutory duties, as protector of the people, to 7act promptly on complaints against public officials or employees 8of the government and enforce their administrative, civil, and 9criminal liability in every case where the evidence warrants in 10order to promote efficient service by the Government to the 11people, and has betrayed the public trust, personally and 12through her subordinates and agents, by failing to act promptly 13and by wrongfully absolving the Philippine Navy officers and 14personnel implicated in the death of Navy Ensign Philip Andrew 15Pestaño, notwithstanding the findings and recommendations of 16the Senate Committees on Justice and Human Rights and on 17National Defense and Security, and the United Nations Human 18Rights Committee. 19 20 The eventual dismissal of the Pestaño case, coupled with 21the delay in resolving the same, which led to the issuance by the 22United Nations Human Rights Committee of its Views declaring 23that the Philippine Government violated its obligations under the 24International Covenant on Civil and Political Rights (ICCPR), 25manifests that Ombudsman Ma. Merceditas Navarro-Gutierrez 26has abandoned the Ombudsman’s statutory and constitutional 27duties, has undermined the integrity of her office, has brought 28disrepute to the Office of the Ombudsman, has acted in a 29manner contrary to her oath, the Constitution, law and justice, 30and has betrayed the public trust, to the prejudice and manifest 31injury of the Filipino people, rendering her unfit to continue in 32office. 33 34 Such conduct of Ombudsman Ma. Merceditas Navarro35Gutierrez warrants her conviction for betrayal of the public trust, 36and removal from office and disqualification to hold any office 37under the Republic of the Philippines. 38 39 40

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1 ARTICLE VI 2 3 LOW CONVICTION RECORD 4 5 Ombudsman Ma. Merceditas Navarro-Gutierrez violated her 6constitutional and statutory duties, as protector of the people, to 7act promptly on complaints against public officials or employees 8of the government and enforce their administrative, civil, and 9criminal liability in every case where the evidence warrants in 10order to promote efficient service by the Government to the 11people, and has betrayed the public trust by her dismal 12performance, as shown among others, by the Office of the 13Ombudsman’s low conviction record, manifesting a level of 14incompetence and inefficiency amounting to a dereliction of 15duty. 16 17 Upon assumption by Ma. Merceditas Navarro-Gutierrez as 18head of the Office of the Ombudsman in December 2005, the 19conviction record for Ombudsman-conducted prosecutions has 20declined, highlighted by her performance in 2008 up to the filing 21of the impeachment complaints, and even includes a high 22number of plea bargaining agreements entered into by the Office 23of the Ombudsman. 24 25 Ombudsman Ma. Merceditas Navarro-Gutierrez has acted 26in a manner that violates her oath and constitutional duty, has 27undermined the integrity of her office, has brought disrepute to 28the Office of the Ombudsman, and has acted in a manner 29contrary to the Constitution, law and justice, to the prejudice and 30manifest injury of the Filipino people rendering her unfit to 31continue in office. 32 33 Such conduct of Ombudsman Ma. Merceditas Navarro34Gutierrez warrants her conviction for betrayal of the public trust, 35and removal from office and disqualification to hold any office 36under the Republic of the Philippines. 37 38 39 Adopted, 40 41 42 NIEL C. TUPAS, JR. 43 Chairman 44 Committee on Justice

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1 2 1 2 3RODOLFO C. FARIÑAS 4QUIMBO 5 6 7 8REYNALDO V. UMALI 9 10 11 12LORENZO R. TAÑADA III 13 14 15KAKA J. BAG-AO

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ROMERO FEDERICO S.

RAUL A. DAZA

NERI J. COLMENARES

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