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1 REPUBLIC OF THE PHILIPPINES

2 HOUSE OF REPRESENTATIVES
3 QUEZON CITY
4
5
6 FIFTEENTH CONGRESS
7 First Regular Session
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9
10 House Resolution No. 1089
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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
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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.
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34
35 ARTICLE I
36
37 THE FERTILIZER FUND SCAM
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40 Ombudsman Ma. Merceditas Navarro-Gutierrez violated her
41constitutional and statutory duties, as protector of the people, to

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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 Navarro-
37Gutierrez 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.
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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 Navarro-
42Gutierrez 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 Navarro-
36Gutierrez 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.
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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 Navarro-
37Gutierrez 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.
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1 ARTICLE V
2
3 ENSIGN PHILIP PESTAÑO CASE
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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 Navarro-
35Gutierrez 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.
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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 Navarro-
34Gutierrez 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.
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39 Adopted,
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42 NIEL C. TUPAS, JR.
43 Chairman
44 Committee on Justice

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3RODOLFO C. FARIÑAS ROMERO FEDERICO S.
4QUIMBO
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8REYNALDO V. UMALI RAUL A. DAZA
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12LORENZO R. TAÑADA III NERI J. COLMENARES
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15KAKA J. BAG-AO