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Ombudsman Gutierrez Quits, Maintains Innocence

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12 POLITICAL Ombudsman Gutierrez quits, maintains innocence Beleaguered Ombudsman Merceditas Gutierrez submitted her resignation letter to President Aquino on April 29, less than 2 weeks before the scheduled impeachment hearing against her at the Senate. s. Gutierrez’s lawyer, Tomas Syquia, quoted the Ombudsman as saying in her letter: “I am resigning M my offi ce effective May 6. Even as a private citizen I will still support the efforts of government in stamping out corruption.” The Ombudsman’s resignation came 10 days before her impeachment trial at the Senate, which was set after a majority of House lawmakers pushed for her ouster based on 6 allegations, including inaction in the P728-million fertilizer fund scam, the Euro general case, the 2004 Mega Pacifi c deal, the NBN-ZTE deal, the Philip Pestano case, and the low conviction rate during her term in offi ce. Ms. Gutierrez had insisted on her innocence and denied protecting former President Gloria Arroyo. Iloilo Rep. Niel Tupas, head of the House justice committee, said Ms. Gutierrez’s resignation cancels the Senate impeachment trial on May 9. In later developments, Supreme Court Associate Justice Conchita Carpio-Morales has accepted her nomination as was picked by former elections chairman Christian Monsod a possible successor to Ms. Gutierrez. Ms. Morales was and former Agrarian Reform undersecretary Hector Soliman, nominated to the Judicial and Bar Council by Mr. Beda Fajardo, who cited his experience in litigation and “passion for justice.” president of the University of the Philippines Law Alumni With corruption among the most serious problems besetting Association Class ’68; retired Judge Dolores Español, chairman this country, the ombudsman has one of the toughest jobs. of Transparency International Philippines; and retired Judge Ms. Gutierrez, under fi re for her performance, has quit. Her Leticia Sablan, president of the Women Lawyers Association predecessor, Mr. Simeon Marcelo, also resigned, saying the of the Philippines Inc. Justice Carpio-Morales is scheduled to job made him physically ill. His predecessor, Mr. Aniano retire from the Supreme Court on June 19. Earlier, two more Desierto, had his share of controversies. The person who serves candidates for Ombudsman were nominated before the Judicial as the nation’s vanguard against corruption also faces high and Bar Council just before the May 16 deadline. Law Dean public expectations at the start of his or her term. When those Jose Manuel Diokno of the De La Salle University and public expectations are not met, the ombudsman is in for a hard fall. interest lawyer Marlon Manuel were nominated to take over There is a need to upgrade the capability of the Offi ce of the from Ms. Gutierrez. Mr. Diokno is a son of the late human Ombudsman. The offi ce needs more investigators and logistics rights icon Jose Wright Diokno. His nomination came from to carry out its mandate. It can also use more assistance in this the Free Legal Assistance Group, the group his father founded battle from agencies such as the Commission on Audit and during the martial law years. The other nominee, Mr. Manuel, investigating arms of the Department of Finance. It cannot be There is a need to upgrade the capability of the Offi ce of the Ombudsman. Philippine Alert May 2011 POLITICAL 131 emphasized enough that the next ombudsman must have not offi cials. Justice Secretary Leila de Lima said the case would only integrity but also the competence to perform the diffi cult go through the usual process, including the creation of a panel tasks of unearthing and proving cases of corruption. This job of prosecutors that will conduct a preliminary investigation. involves painstaking sleuthing to dig up evidence that will In other developments, Local Water Utilities Administration stand in court. Guilt is established in a court of law and not chairman Prospero Pichay Jr. was suspended by the Offi ce of in the court of public opinion, and it must be guilt beyond the Ombudsman over the acquisition of a controlling stake in reasonable doubt. Obtaining even a single incriminating a thrift bank in 2009. Acting Ombudsman Orlando Casimiro document can be a daunting task; just as challenging is putting ruled there was enough evidence that Mr. Pichay, a former together an airtight case to secure a conviction that will not be congressman from Surigao del Sur, committed the administrative overturned by a higher court. The nation can only hope that a offense of grave misconduct. President Aquino earlier also person of probity and competence will be chosen for the job. suspended three LWUA Board members—Bonifacio Mario Peña, Susana Dumlao Vargas, and Renato Velasco—for the alleged anomalous purchase of a stake in Express Savings Plunder case fi led vs. Pres. Arroyo Bank Inc. The charges against Mr. Pichay and three LWUA offi cials-—Acting Administrator Daniel Landingin, Acting Former Solicitor General Frank Chavez has fi led plunder Deputy Administrator for Investment and Financial Services charges against former President and now Pampanga Rep. Wilfredo Feleo, and Corporate Legal Offi cer and Board Secretary Gloria Arroyo and 3 members of her Cabinet, claiming lawyer Arnaldo Espinas—were fi led by LWUA employees. The they used a P533-million fund from the Overseas Workers complaint against the 3 trustees, on the other hand, was fi led by Finance Secretary Cesar Purisima. The complainants accused Welfare Administration to fi nance Ms. Arroyo’s re-election Mr. Pichay and the 3 offi cials of violating the Code of Conduct bid, among other things. and Ethical Standards for Public Offi cials and Employees, and of grave misconduct for the alleged unlawful disbursement and Mr. Chavez fi led the case with the Justice Department against investment of P870 million in LWUA funds in the thrift bank. Ms. Arroyo, former Foreign Affairs Secretary Alberto Romulo, The plunder case against Ms. Arroyo and several of her former Health Secretary and Philippine Health Insurance Corp. former offi cials is “full of holes,” her camp said yesterday. president Francisco Duque III, and former OWWA chief Virgilio Those behind the complaint are private citizens, but the Angelo. Mr. Chavez fi led the same complaint with the Ombudsman OWWA has promised to cooperate and provide assistance in in July 2004, but the case was shelved because Ms. Arroyo then bolstering the case. With the OWWA wading in, a dismissal had immunity from suits. He had said the money from OWWA of the case will give the Arroyo faction in the opposition brought to P2.7 billion the total amount of funds that Ms. Arroyo reason to cry political persecution. And each time the had diverted to her campaign kitty for the 2004 elections. Mr. opposition succeeds in making that point, it will undermine Chavez and the workers’ group Migrante International claim that efforts of the Aquino administration to stamp out corruption the accused had also conspired to use the OWWA money to fi nance – an effort that includes successful prosecution of the corrupt. questionable acquisitions by several diplomatic posts in the Failure to punish the corrupt has given the impression Middle East and the Philippines’ humanitarian assistance to Iraq. that crime pays. Two presidents have been ousted through A 3-man panel has been formed to look into the plunder popular revolts that were fueled partly by public disgust over complaint against Ms. Arroyo. In a Department Order dated corruption at the highest levels of government. The victory May 3, 2011, Justice Secretary Leila de Lima designated Senior of President Benigno Aquino III was largely perceived as Deputy State Prosecutor Theodore Villanueva as chairman of the an outcry against graft and corruption. Candidate Aquino panel, and Senior Assistant State Prosecutors Elizabeth Inton- successfully tapped into that public discontent, promising Santos and Lilian Doris Alejo as members. Mr. Villanueva is voters that his administration would take the straight path. also a member of the fi ve-man fact-fi nding committee Sec. de One of the toughest challenges in delivering on that promise Lima has created to probe the alleged corruption in the Armed is making charges stick against those who are being called to Forces. Meanwhile, Sen. Panfi lo Lacson said he was preparing account for corrupt deals of the past as it is extremely diffi cult to fi le more plunder cases against Ms. Arroyo, claiming the time to get incontrovertible proof-and to overcome the blandishments had come for her to pay for the sins of the last nine years. He offered. So those behind the latest effort to prosecute the corrupt said he would review the documents against Ms. Arroyo that had must be thoroughly prepared for the tough legal battle ahead. been unearthed with the help of former government offi cials. Sen. Lacson also said he hoped that the plunder case against Ms. Arroyo would “reach its logical conclusion” and that the efforts to make the past administration accountable would be in keeping with President Aquino’s anti-corruption campaign. Meanwhile, the Justice Department said it will take full jurisdiction over the plunder charges fi led against Ms. Arroyo and three of her Cabinet Philippine Alert May 2011 14 POLITICAL Mar Roxas is Pres. Aquino’s chief of staff has a White House Chief of Staff who performs the functions of executive secretary. The reverse is true in the Philippines: Former Senator Manuel Roxas II will be President Aquino’s there is no Chief of Staff but there is an executive secretary chief of staff, Malacanang announced. who exercises the powers of the US Chief of Staff. In the end, Mr. Roxas entry into the power structure in Malacañang may “We are defi ning the functions of the chief of staff so there will only end up being detrimental to the Aquino administration.
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