I REPUBLIC OF THE PHILIPPINES

2 HOUSE OF REPRESENTATIVES
J QUEZON CITY
4
5
6 FIFTEENTH CONGRESS
First Regular Session
8
9 ,
10
nt.,
House ResolutionjNo. 1C3.1
11
l2
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
16
t7
18
19 RESOLUTION IMPEACHING OMBUDSMAN
20 MA. MERCEDITAS NAVARRO.GUTIERREZ
21 FOR BETRAYAL OF. PUBLIC TRUST
22
LJ

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.
aa
JJ

34
35 ARTICLE I
36
11
THE FERTILIZER FUND SCAM
38
39
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
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".

6
7 Notwithstanding the filing of complaints and the findings
8 and recommendations in the Task Force Abono Reports in 2O06,
9 the Senate Committee Report No. 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, among
13 others, Ombudsman Ma. 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. 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, and complaints involving grave
20 offenses and large sums of money andlor properties.
21
22 Ombudsman Ma. Merceditas Navarro-Gutierrez lras acted
23 in a manner that violates her oath and constitutional duty, has
24 undermined the integrity of her office, has brought disrepute to
25 the Office of the Ombudsman, and has acted in a manner
26 contrar;r to the Constitution, law and justice, to the prejudice
27 and manifest injury of the Filipino people rendering her unfit to
28 continue in office.
29
30 Such conduct of Ombudsman Ma. Merceditas Navarro-
31 Gutierrez warrants her conviction for betrayai of the public
32 trust, and removal from office and disqualification to hold any
33 office under the Republic of the Philippines.
34
35
36 ARTICLE II
37
38 EURO GENERALS SCANDAL
39
40
4T Ombudsman Ma. Merceditas Navarro-Gutierrez violated
42 her constitutional and statutory duties, as protector of the
43 people, to act promptly on complaints against public officials or
44 employees of the government and enforce their administrative,
45 civil, 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 has betrayed the public trust by
 1 inexcusably failing to file the appropriate cases in court against
2 Philippine National Police (PNP) Comptroller P/Dir. Eliseo De la
3 Paz of the uEuro Generals Scandal," despite the latter's public
4 admission under oath of a criminal offense and the findings of
5 criminal liability by various government bodies.
6
7 On 15 November 2008, P/Dir. De la Paz, testified before
8 the Senate Blue Ribbon Committee and Committee on Foreign
9 Relations, and openly admitted therein that he brought an
10 amount equivalent to more than US$1O,000.00 outside the
11 Philippines without declaration thereof to the Philippine Bureau
12 of Customs.
13
14 Despite the lapse of more than two (2) years from the
15 admission made by P/Dir. De la Paz and the submission to
16 Ombudsman Ma. Merceditas Navarro-Gutierrez of the findings
17 of the PNP that P/Dir. De la Paz violated laws, as well as
18 regulations of the Bangko Sentral ng Pilipinas, Ombudsman
19 Ma. Merceditas Navarro-Gutierrez has failed to file the
20 appropriate cases in court against P lDir. De IaPaz.
21
22 Ombudsman Ma. Merceditas Navarro-Gutierrez has acted
23 in a manner that violates her oath and constitutiona-l duty, has
24 undermined the integrity of her office, has brought disrepute to
25 the Office of the Ombudsman, and has acted in a manner
26 contrary to the Constitution, law and justice, to the prejudice
27 and manifest injury of the Filipino people rendering her unfit to
28 continue in office.
29
30 Such conduct of Ombudsman Ma. Merceditas Navarro-
31 Gutierrez warrants her conviction for betrayal of the public
32 trust, and removal from office and disqua-lification to hold any
33 office under the Republic of the Philippines.
34
35
36 ARTICLE III
)I

38 THE MEGA.PACIFIC DEAL

39
40
4l Ombudsman Ma. Merceditas Navarro-Gutierrez violated
42 her constitutional and statutory duties, as protector of the
43 people, to act promptly on complaints against public officials or
44 empioyees of the government and enforce their administrative,
45 civil, 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 has betrayed the public trust by
 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".

6 Notwithstanding the findings of the Senate and the

7 Supreme Court in Information Technology Foundation of the
8 Philippines, et. al. us. Commlssion on Elections et. al. (GR No.
9 159139, January 13, 2OO4), that "COMELEC and its officials
10 concerned must bear full responsibility for the failed bidding
11 and award, and held accountable for the electoral mess,o
12 Ombudsman Ma. Merceditas Navarro-Gutierrez has absolved
13 from any criminal liability the COMELEC officials aqd private
14 individuals involved in the "Mega Pacific Deal".
15
16 Ombudsman Ma. Merceditas Navarro-Gutierrez has acted
17 in a manner that violates her oath and constitutional duty, has
18 undermined the integrity of her office, has brought disrepute to
19 the Office of the Ombudsman, and has acted in a maJrner
20 contrarlr to the Constitution, law and justice, to the prejudice
2I and manifest injury of the Filipino people rendering her unfit to
22 continue in ofhce.
z)
24 Such conduct of Ombudsman Ma. Merceditas Navarro-
25 Gutierrez warrants her conviction for betrayal of the public
26 trust, and removal from office and disqualification to hold any
27 office under the Republic of the Philippines.
28
29
30 ARTICLE ry
3l
32 NBN.ZTE DEAL
aa
JJ

34
35 Ombudsman Ma. Merceditas Navarro-Gutierrez violated
36 her constitutiona,l and statutory duties, as protector of the
37 people, to act promptly on complaints against public officials or
38 employees of the government and enforce their administrative,
39 civil, and criminal liability in every case where the evidence
40 warrants in order to promote efficient service by the
4l Government to the people, and has betrayed the public trust by
42 using the powers of her high office, personally and through her
43 subordinates and agents, to wrongfully exclude President Gloria
44 Macapagal-Arroyo from investigation and absolve her husband,
45 Jose Miguel Arroyo, a former classmate of the Ombudsmal,
46 from criminal prosecution stemming from the scandalous NBN-
47 ZtE broadband contract (the "NBN-ZTE Deal").
 I
2 Notwithstanding the evidence presented before the Office
3 of the Ombudsman implicating former COMELEC Chairman
4 Benjamin Abalos, National Economic Development Authority
5 (NEDA) Secretar5r Romulo Neri and Jose Miguel Arroyo, the
6 Office of the Ombudsman indicted Benjamin Abalos and
7 Romulo Neri but absolved Jose Miguel Arroyo in the NBN-ZTE
8 Deal, and displayed gross incompetence by inexcusably tailing
9 and refusing to investigate President Gloria Macapagal-Arroyo.
10
11 Ombudsman Ma. Merceditas Navarro-Gutierrez has acted
12 in a manner that violates her oath and constitutional duty, has
13 undermined the integrity of her office, has brought disrepute to
14 the Office of the Ombudsman, and has acted in a manner
15 contrar5r to the Constitution, law and justice, to the prejudice
16 and manifest injury of the Filipino people rendering her unfit to
17 continue in office.
18
19 Such conduct of Ombudsman Ma. Merceditas Navarro-
20 Gutierrez warrants her conviction for betrayal of the public
21 trust, and removal from office and disqua,lification to hold any
22 office under the Republic of the Philippines.
L)

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

4 Such conduct of Ombudsman Ma. Merceditas Navarro-

5 Gutierrez warrants her conviction for betrayal of the public
6 trust, and removal from office and disqualilication to hold any
office under the Republic of the Philippines.
8
9
10
l1

L C. TUPAS, JR.
Chairmarr
Committee on Justice

ROMERO FEDTRTCO S. QUIMBO

RAUL A. DAZA
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