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I REPUBLIC OF THE PHILIPPINES

2 HOUSE OF REPRESENTATIVES
J QUEZON CITY
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6 FIFTEENTH CONGRESS
First Regular Session
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House ResolutionjNo. 1C3.1
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IJ Introduced by: Representatives Niel C. Tupas, Jr., Rodolfo C.
I4 Farifr,as, Reynaldo V. Umali, Romero Federico S. Quimbo,
l5 Raul A. Daza, Lorenzo R. Tafrada III, and Kaka J. Bag-ao
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19 RESOLUTION IMPEACHING OMBUDSMAN
20 MA. MERCEDITAS NAVARRO.GUTIERREZ
21 FOR BETRAYAL OF. PUBLIC TRUST
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24 RESOLVED, that Ombudsman Ma. Merceditas Nava-rro-
25 Gutierrez, is impeached for betrayal of public trust pursuant to
26 Article XI, Section 2 of the Constitution and that the following
27 Articles of Impeachment be exhibited to the Senate of the
28 Republic of the Philippines by the House of Representatives of
29 the Republic of the Philippines in its own name and that of the
30 Filipino people against said Ombudsman Ma. Merceditas
31 Navarro-Gutierrez, in maintenance and support of its
)L impeachment against her.
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35 ARTICLE I
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THE FERTILIZER FUND SCAM
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40 Ombudsman Ma. Merceditas Navarro-Gutierrez violated
4I her constitutional and statutory duties, as protector of the
42 people, to act promptly on complaints against public officials or
43 employees of the government and enforce their administrative,
44 civil, and criminal liability in every case where the evidence
45 warrants in order to promote efficient service by the
46 Government to the people, and has betrayed the public trust by
47 inexcusably failing (1) to act promptly on the complaints filed

Ombudsman Ma. Merceditas Navarro-Gutierrez lras acted 23 in a manner that violates her oath and constitutional duty. among 13 others. 34 35 36 ARTICLE II 37 38 EURO GENERALS SCANDAL 39 40 4T Ombudsman Ma. and has acted in a manner 26 contrar. to act promptly on complaints against public officials or 44 employees of the government and enforce their administrative. has 24 undermined the integrity of her office. has brought disrepute to 25 the Office of the Ombudsman. as protector of the 43 people. Merceditas Navarro- 31 Gutierrez warrants her conviction for betrayai of the public 32 trust. 21 22 Ombudsman Ma. law and justice. Merceditas Navarro-Gutierrez violated 42 her constitutional and statutory duties. 29 30 Such conduct of Ombudsman Ma.1 and (2) to file the appropriate cases in court against high 2 ranking government officials involved in the anomalous use of 3 the Plrp728 Million "Ginintuang Masaganang Ani" (GMA) 4 Program or the "Fertilizer Fund Scam". and complaints involving grave 20 offenses and large sums of money andlor properties. This is contrarSr to l7 the Ombudsman's duff to give priority to compiaints filed 18 against high ranking government officials and/or those 19 occupying supervisory positions. Merceditas Navarro-Gutierrez has 14 inexcusably failed to act promptly on the complaints pertaining 15 to the "FerllIizer Fund Scam" for more than five (5) years and 16 failed to file the appropriate cases in court. 6 7 Notwithstanding the filing of complaints and the findings 8 and recommendations in the Task Force Abono Reports in 2O06. and criminal liability in every case where the evidence 46 warrants in order to promote efficient service by the 47 Government to the people. and removal from office and disqualification to hold any 33 office under the Republic of the Philippines.r to the Constitution. to the prejudice 27 and manifest injury of the Filipino people rendering her unfit to 28 continue in office. and has betrayed the public trust by . 45 civil. 54 in 2006 and the 10 Commission on Audit to file the appropriate charges against 11 then Agriculture Secretary Luis "Cito" Lorenzo and then 12 Agriculture Undersecretary Jocelyn "Joc-Joc" Bolante. 9 the Senate Committee Report No.

De la Paz. as protector of the 43 people. Eliseo De la 3 Paz of the uEuro Generals Scandal. to the prejudice 27 and manifest injury of the Filipino people rendering her unfit to 28 continue in office. and criminal liability in every case where the evidence 46 warrants in order to promote efficient service by the 47 Government to the people. De la Paz and the submission to 16 Ombudsman Ma. Merceditas Navarro- 31 Gutierrez warrants her conviction for betrayal of the public 32 trust. has brought disrepute to 25 the Office of the Ombudsman. testified before 8 the Senate Blue Ribbon Committee and Committee on Foreign 9 Relations. and has acted in a manner 26 contrary to the Constitution.00 outside the 11 Philippines without declaration thereof to the Philippine Bureau 12 of Customs. Merceditas Navarro-Gutierrez of the findings 17 of the PNP that P/Dir. to act promptly on complaints against public officials or 44 empioyees of the government and enforce their administrative. Ombudsman 19 Ma. De la Paz violated laws. Merceditas Navarro-Gutierrez violated 42 her constitutional and statutory duties. 29 30 Such conduct of Ombudsman Ma. P/Dir. 6 7 On 15 November 2008. law and justice. and openly admitted therein that he brought an 10 amount equivalent to more than US$1O.000. 1 inexcusably failing to file the appropriate cases in court against 2 Philippine National Police (PNP) Comptroller P/Dir. and has betrayed the public trust by .PACIFIC DEAL 39 40 4l Ombudsman Ma. Merceditas Navarro-Gutierrez has acted 23 in a manner that violates her oath and constitutiona-l duty. 45 civil. 13 14 Despite the lapse of more than two (2) years from the 15 admission made by P/Dir. De IaPaz. as well as 18 regulations of the Bangko Sentral ng Pilipinas. 21 22 Ombudsman Ma. Merceditas Navarro-Gutierrez has failed to file the 20 appropriate cases in court against P lDir. and removal from office and disqua-lification to hold any 33 office under the Republic of the Philippines. has 24 undermined the integrity of her office." despite the latter's public 4 admission under oath of a criminal offense and the findings of 5 criminal liability by various government bodies. 34 35 36 ARTICLE III )I 38 THE MEGA.

and held accountable for the electoral mess. as protector of the 37 people. 45 Jose Miguel Arroyo. 9 159139. 4 I absolving from any criminal liability the Commission on 2 Elections (COMELEC) officials and private individuals involved 3 in the anomalous billion-peso contracts for the automation of 4 the 2OO4elections known as the "Mega Pacific Deal". z) 24 Such conduct of Ombudsman Ma. 28 29 30 ARTICLE ry 3l 32 NBN.o 12 Ombudsman Ma. 15 16 Ombudsman Ma. to act promptly on complaints against public officials or 38 employees of the government and enforce their administrative. Merceditas Navarro-Gutierrez has absolved 13 from any criminal liability the COMELEC officials aqd private 14 individuals involved in the "Mega Pacific Deal". has brought disrepute to 19 the Office of the Ombudsman. Commlssion on Elections et. Merceditas Navarro-Gutierrez has acted 17 in a manner that violates her oath and constitutional duty. and has acted in a maJrner 20 contrarlr to the Constitution. to the prejudice 2I and manifest injury of the Filipino people rendering her unfit to 22 continue in ofhce.l and statutory duties. January 13. . to wrongfully exclude President Gloria 44 Macapagal-Arroyo from investigation and absolve her husband. 6 Notwithstanding the findings of the Senate and the 7 Supreme Court in Information Technology Foundation of the 8 Philippines. us. 39 civil. and has betrayed the public trust by 42 using the powers of her high office. al. 46 from criminal prosecution stemming from the scandalous NBN- 47 ZtE broadband contract (the "NBN-ZTE Deal"). Merceditas Navarro-Gutierrez violated 36 her constitutiona. and criminal liability in every case where the evidence 40 warrants in order to promote efficient service by the 4l Government to the people. Merceditas Navarro- 25 Gutierrez warrants her conviction for betrayal of the public 26 trust.ZTE DEAL aa JJ 34 35 Ombudsman Ma. al. et. has 18 undermined the integrity of her office. a former classmate of the Ombudsmal. that "COMELEC and its officials 10 concerned must bear full responsibility for the failed bidding 11 and award. 2OO4). (GR No. law and justice. personally and through her 43 subordinates and agents. and removal from office and disqualification to hold any 27 office under the Republic of the Philippines.

has brought disrepute to 14 the Office of the Ombudsman. by failing 38 to act promptly and by wrongfully absolving the Philippine Navy 39 officers and personnel implicated in the death of Navy Ensign 40 Philip Andrew Pestano. 34 civil. and displayed gross incompetence by inexcusably tailing 9 and refusing to investigate President Gloria Macapagal-Arroyo. I 2 Notwithstanding the evidence presented before the Office 3 of the Ombudsman implicating former COMELEC Chairman 4 Benjamin Abalos. Merceditas Navarro- 20 Gutierrez warrants her conviction for betrayal of the public 21 trust. Merceditas Navarro-Gutierrez has acted 12 in a manner that violates her oath and constitutional duty. as protector of the 32 people. to the prejudice 16 and manifest injury of the Filipino people rendering her unfit to 17 continue in office. has 13 undermined the integrity of her office. 18 19 Such conduct of Ombudsman Ma. National Economic Development Authority 5 (NEDA) Secretar5r Romulo Neri and Jose Miguel Arroyo. 44 45 The eventua-l dismissal of the Pestaflo case.which led to the issuance by the 47 United Nations Human Rights Committee of its Views declaring . and has betrayed the public trust. law and justice.lification to hold any 22 office under the Republic of the Philippines. and removal from office and disqua. and criminal liability in every case where the evidence 35 warrants in order to promote efficient service by the 36 Government to the people. the 6 Office of the Ombudsman indicted Benjamin Abalos and 7 Romulo Neri but absolved Jose Miguel Arroyo in the NBN-ZTE 8 Deal. coupled with 46 the delay in resolving the sa. and the 43 United Nations Human Rights Committee. L) 24 25 ARTICLE V 26 27 ENSIGN PHILIP PESTAfrO CASE 28 29 30 Ombudsman Ma. notwithstanding the findings and 4l recommendations of the Senate Committees on Justice and 42 Human Rights and on National Defense and Security.me. 10 11 Ombudsman Ma. to act promptly on complaints against public officials or 33 employees of the government and enforce their administrative. Merceditas Navarro-Gutierrez violated 3I her constitutional and statutory duties. and has acted in a manner 15 contrar5r to the Constitution. 37 personally and through her subordinates and agents.

Merceditas Navarro-Gutierrez has acted 44 in a manner that violates her oath and constitutional duty. Merceditas Navarro-Gutierrez 4 has abandoned the Ombudsman's statutory and constitutional 5 duties. Merceditas Navarro-Gutierrez as 36 head of the Office of the Ombudsman in December 2005. the Constitution. highlighted by her performance in 2008 up to the 39 filing of the impeachment complaints. I that the Philippine Government violated its obligations under 2 the International Covenant on Civil and Political Rights (ICCPR). as shown among others. and even includes a high 40 number of plea bargaining agreements entered into by the Office 4l of the Ombudsman. 42 43 Ombudsman Ma. 34 35 Upon assumption by Ma. manifesting a level 32 of incompetence and inefficiency amounting to a dereliction of 33 duty. has brought 6 disrepute to the Oflice of the Ombudsman. rendering her unfit to continue in 10 office. to the prejudice and manifest 9 injury of the Filipino people. 8 and has betrayed the public trust. as protector of the 25 people. 11 12 Such conduct of Ombudsman Ma. Merceditas Navarro-Gutierrez violated 24 her constitutional and statutory duties. law and justice. by the Office 3l of the Ombudsman's low conviction record. to the prejudice . has 45 undermined the integrity of her office. Merceditas Navarro- 13 Gutierrez warrants her conviction for betraya-l of the public 14 trust. law and justice. to act promptly on complaints against public officials or 26 employees of the government and enforce their administrative. I6 t7 18 ARTICLE VI T9 20 LOW COIWICTION RECORD 2I 22 23 Ombudsman Ma. the 37 conviction record for Ombudsman-conducted prosecutions has 38 declined. has brought disrepute to 46 the Office of the Ombudsman. and removal from office and disqualification to hold any 15 office under the Republic of the Philippines. and criminal liability in every case where the evidence 28 warrants in order to promote efficient service by the 29 Government to the people. has acted in a 7 manner contrary to her oath. has undermined the integrity of her oflice. 3 manifests that Ombudsman Ma. 27 civil. and has acted in a manner 47 contrar5r to the Constitution. and has betrayed the public trust by 30 her dismal performance.

8 9 10 l1 L C. TUPAS. QUIMBO RAUL A. Merceditas Navarro- 5 Gutierrez warrants her conviction for betrayal of the public 6 trust. DAZA .I and manifest injury of the Filipino people rendering her unfit to 2 continue in office. Chairmarr Committee on Justice ROMERO FEDTRTCO S. and removal from office and disqualilication to hold any office under the Republic of the Philippines. a J 4 Such conduct of Ombudsman Ma. JR.

ABADLABAD lnvrrot-|[6nm JESUSF. BENALDO JOSEBENJAMIN MA. ROMUALDO RONALq M. ARAGO ANTONIOA. NNIE' 'T./ C . DENNISM. COSALAN CARLOV.- . UMALI PEDRO"LOLOY' 'P. CASTELO 1'. NDOS.4ITTEEONJUSTICE 15rHCONGRESS REGULAR MEMBERS C. MADRONA ELEANDRO ARDO R. SOCRATES VICTORINO . F A R IN A S ALDOV. /L/-/ HENEDINARTAEAD MARIA EVITA R. DEL RO. GULLAS A.I. coMl.

D E F E N S ORJR . YAP J . / q% EMMELIN(V. DATUMANONG SIMEON B. ARTHURC. \\ DANILO R.RCI-IPRY A. MARCOLETA RODANTE M. MENDOZA K.-.JR. ANGARA JUANEDGARDO REXGATCHALIAN L.^. RODOLFO B.r. D.dtrcat RODOLFOG( BIAZON ' z7 or / 244 /. AURELIO JR. RODRIGUEZ /. ALVAREZ MERCEDES ALFffiDO D. FE H. ROMUALDEZ D. RUFUSB. GONZALES. SAMBAR JEFFREYP. FUA ORLANDO FERDINANDMARTING. ALBANO. FERRER rsidnor. MARANONIII i T H U RR .AMONS.

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