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Com Report Ombudsman 11 March 2011
Com Report Ombudsman 11 March 2011
HOUSE OF REPRESENTATIVES
Quezon City
FIFTEENTH CONGRESS
________________________________________________________________
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Mr. Speaker:
Navarro-Gutierrez for Betrayal of Public Trust and the attached House Resolution
No. _______ setting forth the Articles of Impeachment on the matter of the
Verified Impeachment Complaint dated 22 July 2010 and the second Verified
1
The first complaint was filed on 22 July 2010 by Ms. Risa Hontiveros-
Baraquel, et.al. and duly endorsed on even date by Honorables Kaka Bag-ao
and Walden Bello, hereinafter referred to as the “Baraquel, et. al. Complaint”.
The second complaint was filed on 03 August 2010 by Mr. Renato Reyes
Complaint”.
2010 at 4:47 in the afternoon and both complaints were transmitted to the
2
3. The inexcusable delay of the Ombudsman in conducting and
concluding its investigation into the wrongful death of Ensign Philip Andrew
Pestaño aboard a Philippine Navy Vessel constitutes a betrayal of public trust.
3
Circular 98 (1995), as amended by BSP Circular 507 (2006), in
relation to Republic Act 6713, which prohibits the taking out of the
country of currency in excess of US $ 10,000.00 without declaring
the same to the Philippine Customs, despite the fact that Gen.
Eliseo De La Paz publicly admitted under oath before the Senate
Blue Ribbon Committee that he took out of the country currency in
excess of US$ 10,000.00 without declaring the same with the
Philippine Customs.
I. PREFATORY STATEMENT
duties and protect the highest interests of the Republic, the fundamental law
grants one remedy to vindicate the people’s will and restore the trust in their
branch of government1.
4
may be removed from office on impeachment for, and conviction of,
culpable violation of the Constitution, treason, bribery, graft and
corruption, other high crimes, or betrayal of public trust. All other public
officers and employees may be removed from office as provided by law,
but not by impeachment.
that a public office is a public trust and that public officers must always be
his office; the manner by which he performs the duties thereof; and the effects
procedures as the legislature may adopt. Given its political nature, the process of
Constitution which provides that “The House of Representatives shall have the
exclusive power to initiate all cases of impeachment”. Thus, Fr. Joaquin Bernas
in his column in the 29 August 2005 issue of the Philippine Daily Inquirer said:
2
Page 3, Comment filed by the House of Representatives Committee on Justice, et. al. in G.R. No. 193459
3
Page 4, Committee Report No. 150 filed by the Committee on Justice on 18 January 2002 citing Rexford
G. Tugwell, The Compromising of the Constitution, p. 147
5
“Impeachment is a political process. For that reason, the responsibility for it has
not been given to a court characterized by cold neutrality but to a political body.”4
discussed5.
“MR. MAAMBONG. x x x
6
proceeding, a President is called to account for abusing
powers which only a President possesses. Impeachable
conduct may include the serious failure to discharge the
affirmative duties imposed on the President by the
Constitution. Unlike a criminal case, the cause for removal
may be based on his entire course of conduct in office. It
may be a course of conduct more than individual acts that
has a tendency to subvert constitutional government. (Power
of Impeachment - Guide to Congress, p. 149)
MR. ROMULO. Yes. Firstly, we agree with the quotation that the
Commissioner has just read. Insofar as we are concerned, the procedure
is analogous to a criminal trial but it is not a criminal prosecution per se.
The goal of an impeachment is merely to remove the fellow from office for
the crimes indicated. However, Section 3(6) of this proposed Article itself
- and this is really very close to the provision of the 1935 Constitution -
says:
7
citizen is entitled to the bill of rights, like confrontation of witnesses, notice
of the charges and so on. I think those are fundamental and he is entitled
to them.
MR. ROMULO. Yes, but we will notice that, strictly speaking, for
the crime of treason under the Revised Penal Code, he is answerable for
the crime somewhere else. So my conclusion is that obviously, it is in the
criminal court where we will apply all the minutiae of evidence and
proceedings and all these due processes. But we can be more liberal
when it comes to the impeachment proceedings, for instance, in the
Senate, because we are after the removal of that fellow, and conviction in
that case really amounts to this removal from office. The courts of justice
will take case of the criminal and civil aspects.
8
b. House Rules on Impeachment. – The Rules of Procedure in
relative to the complaint under consideration are governed by the said adopted
probable cause, particularly Sections 4, 5 and 6, Rule III of the said Rules which
provides:
9
reglementary period, he/she is deemed to have interposed a general
denial to the complaint. Within three (3) days from receipt of the answer,
the complainant may file a reply, serving a copy thereof to the respondent
who may file a rejoinder within (3) three days from receipt of the reply,
serving a copy thereof to the complainant. If the complainant fails to file a
reply, all the material allegations in the answer are deemed controverted.
Together with their pleadings, the parties shall file their affidavits or
counter-affidavits, as the case may be, with their documentary evidence.
Such affidavits and counter-affidavits shall be subscribed before the
Chairperson of the Committee on Justice or the Secretary General.
Notwithstanding all the foregoing, failure of any respondent to file an
answer will not preclude him/her from presenting evidence in support of
his/her defenses.
10
calendared for consideration by the House within ten (10) session days
from receipt thereof.
x x x
et. al. and Reyes, et. al., held on 01 September 2010, the issue was raised as to
whether or not the Chairman of the Committee on Justice should inhibit himself
Committee, considering that his father, former Iloilo Governor Niel Tupas, Sr.,
has been charged by the Ombudsman before the Sandiganbayan, and that
the Ombudsman.
impeachment proceedings has been raised in the 20066 and 20087 impeachment
proceedings, it has been consistently ruled that the Committee has no jurisdiction
to disqualify, nor has it the power or authority to compel its members to inhibit
6
Page 14, Committee Report No. 1886 filed by the Committee on Justice on 22 August 2006
7
Page 7, Committee Report No. 1551 filed by the Committee on Justice on 02 December 2008
11
The issue on inhibition was settled in this wise:
Corollarily, the Supreme Court itself squarely addressed the issue of the
some members of the Committee, is a sufficient ground for the inhibition of the
Chairman.
alleged that the cases investigated and filed by the Ombudsman against
Chairman Tupas, Jr. and his father influenced the impeachment proceedings
against her in such a way that “bias and vindictiveness played a big part in
12
against her”9. She added that the “indecent and precipitate haste” displayed by
the Committee in finding the Baraquel, et. al. and the Reyes, et. al. complaints
In its En Banc decision, the Supreme Court found such allegations bereft
vindictiveness in the acts and rulings made by Chairman Tupas, Jr., and that
In the present case, Rep. Tupas, public respondent informs, did not,
in fact, vote and merely presided over the proceedings when it
decided on the sufficiency of form and substance of the complaints.
9
Supra
10
Supra
13
Thus, during the 01 September 2010 meeting, the Chairman ruled that
members of the Committee, consistent with the previous rulings of the Supreme
Court and the Committee on the same issue. This ruling is further supported by
d. Issuance of a Status Quo Ante Order and Decision of the Supreme Court
Court a Petition for Certiorari and Prohibition with Prayer for the Issuance of a
on Justice, et. al., G.R. No.193459. The petition sought to nullify the 01
Justice finding the Baraquel Complaint and the Reyes Complaint sufficient in
form and substance. The next day, or on 14 September 2010, the Supreme Court
en banc, acting on the above petition, issued a Status Quo Ante Order, ordering
the petitioner and respondents therein to observe the status quo prevailing
The Committee then sent a letter, dated 20 September 2010, to the Office
of the Solicitor General (OSG) requesting the latter to represent the Committee in
14
the hearings of the Supreme Court on the above petition. On 21 September
2010, the Supreme Court directed the OSG to file its Comment on the
Ombudsman’s petition. During the meeting of the Committee on the same day,
the Committee to sign and verify all pleadings and to coordinate with the OSG
Renato Reyes, et. al., filed their respective Comment on 29 September 2010.
The OSG and Retired Justice Vicente V. Mendoza, representing the Committee,
October 2010, Speaker Feliciano Belmonte, Jr. filed a Motion for Leave to
Intervene with the Supreme Court, which was granted by the latter through its
The said respondents then filed their respective Memoranda with the Supreme
Court.
15
After due deliberation, the Supreme Court, on 15 February 2011, rendered
SO ORDERED.”
a. THE BARAQUEL, et. al. AND THE REYES, et. al. IMPEACHMENT
COMPLAINTS ARE SUFFICIENT IN FORM
2010, declared that the Baraquel et. al. and the Reyes et. al. Impeachment
requirements that it should be verified and duly endorsed by any Member of the
House.
16
Complaint)11, endorsed by Representatives Kaka Bag-ao and Walden Bello: In
b. THE BARAQUEL, et. al. AND THE REYES, et. al. IMPEACHMENT
COMPLAINTS ARE SUFFICIENT IN SUBSTANCE
After determining that both the Baraquel et. al. and the Reyes et. al.
Committee referred to the standards set forth under Section 4 of Rule III of the
a recital of facts, and (2) that the recital of facts must constitute the offense
applied.
2010, declared that the Baraquel et. al. and the Reyes et. al. Impeachment
11
Transcript of Stenographic Notes, 01 September 2010: ETB/VIII-1
12
Transcript of Stenographic Notes, 01 September 2010: ETB/VIII-2
17
Complaints sufficient in substance considering that both complaints met the
with copies of the complaints, with a notice that she should file an answer within
of the complaints against her, was required to submit her answer. This is to give
her the opportunity to refute the allegations in the complaints and also to set up
all her defenses in her favor including the alleged insufficiency in form and
substance.
13
Transcript of Stenographic Notes, 07 September 2010: CGF/XI-1
14
Transcript of Stenographic Notes, 07 September 2010: AMP/XII-1
18
Instead of filing her answer, Respondent Ombudsman filed on 13
September 2010 with the Supreme Court a Petition for Certiorari and Prohibition
under Rule 65 of the Revised Rules of Court with Prayer for the Issuance of a
September 2010, the Supreme Court En Banc resolved to direct the issuance of
September 2010 where Deputy Speaker Lorenzo R. Tañada III informed the
members of the Committee about the status quo ante order and that the Solicitor
General will act as counsel for the Committee on Justice. In said meeting, the
Committee authorized the Chairman to sign and verify pleadings, documents and
papers in connection with the Petition for Certiorari and Prohibition filed by the
Ombudsman.
the Chair informed the body that the Committee is in the process of finalizing its
comment to the status quo ante order and that the Committee will be represented
by the Office of the Solicitor General and retired Supreme Court Justice Vicente
motion signed by 17 members of the Committee, which states that the “House
19
Committee on Justice shall not abdicate its Constitutional duty under Article XI,
Section 3 (2) of the 1987 Constitution which mandates it to conduct hearings and
submits its Report to the House in Plenary within sixty (60) session days from the
referral of the complaint, together with the corresponding resolution”. The Chair
opened the floor for debates on the motion. Thereafter, there being an objection
to the motion, the Chair divided the house. With 33 votes in favor of the motion,
where the Chairman announced to the Body and read the dispositive portion of
the decision of the Supreme Court16. Following the reading of the dispositive
portion, the Senior Vice Chairman of the Committee on Justice, Hon. Rodolfo
against her within the remaining period which is three (3) days. Otherwise, she
will be deemed to have controverted all matters raised in the complaints. There
being an objection, the Chair called for a division of the house. With 21 members
voting in favor of the motion and 5 members voting against, the motion was
carried17.
Ombudsman to submit her Answer to the complaints within the remaining period
of three (3) days from receipt of the order. The Committee served the Order to
15
Transcript of Stenographic Notes, 28 September 2010: ESM/XVII-2
16
Page 39, Decision of the Supreme Court in G.R. No 193459
17
Transcript of Stenographic Notes, 22 February 2011: ACV/IX-3
20
respondent Ombudsman on 22 February 2011. The respondent having failed to
file her answer within the period prescribed, a general denial to the allegations in
the complaint was entered on her behalf.18 The Committee then proceeded with
provides that: “After receipt of the pleadings and affidavits and counter-affidavits
and relevant documents provided for in Section 5, or the expiration of the time
within which they may be filed, the Committee shall determine whether the
The specific charges in the two (2) verified impeachment complaints are
are:
21
the category of these officials would go so far as to defy knowingly
what the Constitution commands.19; and
the two (2) impeachment complaints. With a vote of forty-one (41) members in
favor and twelve (12) against, the motion to declare the sufficiency of the
the Reyes et. al. Impeachment Complaint was carried by a vote of forty-two (42)
19
Records of the Constitutional Commission, Vol. II, pages 276-278, quoting the report of the General
Committee on the Impeachment of President Quirino, Volume IV, Congressional Records, House of
Representatives 1553
20
Records of the Constitutional Commission, Vol. II, page 272 and 286
21
Meeting of the Committee held on 01 March 2011
22
Transcript of Stenographic Notes, 01 March 2011: GVO/XIV-5
23
Transcript of Stenographic Notes, 01 March 2011: LBL/XV-1
22
A. Hearing Proper
require the Committee to conduct a hearing after it has found sufficient grounds
for impeachment.
xxx
hearing, and informing her of her right, under the said Rules of Procedure, to
answer.
23
The complainants in the Baraquel, et. al. Complaint and the Reyes, et. al.
Complaint appeared on the 02 March 2011 hearing, together with their respective
witnesses.
permitted and be given reasonable time to file her Answer “ad cautelam”. He
likewise reiterated that Ombudsman Gutierrez will not attend the subsequent
ground that sufficient time was already given for the Ombudsman to file her
Answer pursuant to the Rules but she did not comply. It was also contended that
giving due course to the request may be deemed tantamount to amending the
action. There were those who also manifested their reservation as this would
The Body agreed that the Ombudsman shall be given the chance to file
her Answer until 04 March 2011 and that the same shall be treated only as
Answer pursuant to the Rules had already expired and that the Committee had
24
For the Baraquel, et. al. Complaint, the documentary evidence presented
officials;
Gutierrez;
(PCIJ), which gives in-depth analysis of the factual basis behind the low
25
8. Video of the arrest of then Rep. Risa Hontiveros-Baraquel by police
authorities for alleged illegal assembly during the Women’s Day Rally at
The testimonies of the following witnesses for the Baraquel, et. al.
Pestaño.
After the presentation of the evidence for the complainants Baraquel, et.
al., the Committee allowed the complainants Reyes, et. al. to present their
evidence.
Renato Reyes, Jr., Former Solicitor General Frank Chavez, Mr. Danilo Ramos;
complainants and the witnesses, who in turn gave their replies thereto.
mark the evidence to be presented by the counsels of the parties. The counsel
for complainants Reyes, et. al. presented their evidence for the marking of
exhibits in the presence of the counsel for Ombudsman Gutierrez. Only Exhibits
26
“A” – “C”, including its sub-markings, were marked. Upon instruction of the
Gutierrez that the marking of exhibits will be continued the next day, 03 March
counsel for complainants Reyes, et. al., that they would waive their right to
appear during the marking of exhibits to be done the next day, provided that they
parties agreed to the proposal, and Atty. Diaz was given by the counsel for
Baraquel, et. al. complaint, submitted to the Committee during the meeting on 02
March 2011, is hereto attached as Annex “A” and forms an integral part of this
Report.
Reyes, et. al. complaint is also hereto attached as Annex “B” and forms an
Likewise, the Answer Ex Abundanti Cautelam 2011to the two (2) verified
24
On 03 March 2011, the evidence of the complainants Reyes, et. al., were marked Exhibits “D” – “V-3”,
including sub-markings. The marking of exhibits was conducted by and in the presence of the Committee
Secretariat, and held in Conference Room 6, Ramon V. Mitra Building, House of Representatives.
27
All the documentary evidence submitted to the Committee were distributed
to the allegations made in the impeachment complaint filed by Reyes, et. al.
subpoena duces tecum addressed to the Office of the Ombudsman, requiring the
submission of the entire records of the following cases: (a) “Euro Generals”; (b)
Mega Pacific case; (c) “Fertilizer Fund Scam”; and (d) Pestaño case.
The Committee issued subpoena on 03 March 2011, and the Office of the
issued another subpoena duces tecum, ordering the Office of the Ombudsman to
submit the documents enumerated therein which are in the possession of the
Despite the issuance of the said subpoena, the Office of the Ombudsman
28
Gutierrez averred that: (a) the production of the documents under the subpoena
would render moot and academic the issues raised in her Motion for
Reconsideration filed with the Supreme Court in the case of Ma. Merceditas N.
Gutierrez vs. The House of Representatives Committee on Justice 25; (b) the
subpoena are defective as to form and substance; and, (c) the subpoena are
March 2011, the Committee received a letter dated 07 March 2011 from
the reasons for her refusal to comply with the two subpoena issued by the
Committee.
offense has been committed and the respondent is probably guilty thereof.
trust based on the following allegations in the Baraquel, et. al., Complaint,
namely:
25
G.R. No. 193459
29
(1) “the Office of the Ombudsman has performed dismally as
project”; and
In the Baraquel, et.al. Complaint, the roll call vote on the motion that
abstention27.
26
Transcript of Stenographic Notes, 08 March 2011: EMA / XVII-4
27
Transcript of Stenographic Notes, 08 March 2011: RCN / XX-1
30
Also, the Committee found probable cause to impeach Ombudsman
Gutierrez for betrayal of public trust based on the following allegations in the
Fund Scam”;
In the Reyes, et.al. Complaint, the roll call vote on the motion that
abstention29.
28
Transcript of Stenographic Notes, 08 March 2011: EMA / XXI-1
29
Transcript of Stenographic Notes, 08 March 2011: EMA / XXI-4
31
1. The Baraquel et. al. Complaint and the Reyes, et. al Complaint are
2. The Baraquel et. al. Complaint and the Reyes, et. al Complaint
in a Plenary Roll call vote pursuant to Section 3(3) of Article XI of the 1987
Constitution.
Respectfully submitted,
32