Impeachment of Merceditas Gutierrez
Encyclopedia
The Philippine Ombudsman
Merceditas Gutierrez was impeached by the House of Representatives
on charges of the office's alleged underperformance and failure to act on several cases during the presidency of Gloria Macapagal-Arroyo
. She became the second official after President
Joseph Estrada
in 2000 to be impeached.
While the first impeachment complaint against her was filed in 2009, it was dismissed later in that year in a 14th Congress
dominated by Arroyo's Lakas Kampi CMD party. In 2010, with the election
of Benigno Aquino III
of the Liberal Party
as president and the concurrent elections
to the House of Representatives and the subsequent political realignment, two impeachment cases against her were voted as sufficient in form, substance and grounds, and the House of Representatives Committee on Justice had found probable cause
on alleged betrayal of public trust
as based on the two complaints.
On March 22, 2011, the House of Representatives voted to impeach Gutierrez, sending the committee report as the Articles of Impeachment to the Senate which will act as an impeachment court. A vote of at least two-thirds (16) of all senators (24) is required to convict Gutierrez and remove her from office. However, Gutierrez resigned on April 29, 2011, thereby canceling the impeachment trial of the Senate.
The ombudsman is one of the several impeachable officials: the others being the president, vice president, justices of the Supreme Court
and the members of the constitutional commissions (Audit, Civil Service and Elections). The following acts are considered as impeachable offenses: culpable violation of the Constitution, treasons, bribery, graft and corruption, other high crimes, and betrayal of public trust
. Furthermore, only one "impeachment proceeding" is allowed to be held against an official in a year, although the definition of the term "impeachment proceeding" and "year" have been vague. The House of Representatives
has the sole power to impeach, while the Senate
has the sole power to try the impeached official. The House of Representatives needs one-third of its members to impeach an official, while the Senate needs to muster two-thirds of its members to convict.
Gloria Macapagal-Arroyo
as ombudsman, succeeding outgoing Simeon Marcelo who had resigned. After her appointment, several figures of the Arroyo administration were involved in political scandals such as the NBN-ZTE controversy, the Fertilizer Fund scam
, the Euro Generals scandal
, among others.
In 2009, a group of civil society personalities led by former Senate President
Jovito Salonga
filed an impeachment case against Gutierrez on March 2. The complaint, referred to the Committee on Justice headed by Arroyo's partymate at Lakas Kampi CMD Matias Defensor, Jr.
of Quezon City, cited these issues:
On November 18, the House Committee on Justice dismissed the case; while deeming the complaint "sufficient in form," it was deemed as not "sufficient in substance." The committee report stated that "The factual allegations are, at best, a rehash of the allegations for the impeachable offense of betrayal of public trust," and that the suspensions of Tupas and Garcia were justifiable. The report was brought to the plenary on November 18.
and one from the Bagong Alyansang Makabayan (BAYAN; New Patriotic Alliance). These two complaints were referred to the Committee on Justice which is now chaired by Iloilo's 5th district representative Niel Tupas, Jr. of President Aquino's Liberal Party at August 22.
While Akbayan and BAYAN are both left-leaning parties, they are ideological rivals.
A week later, the committee voted that the two complaints are sufficient in substance: the first complaint passed via a 41–14 vote, while the second complaint passed with a 41–16 vote, with Pwersa ng Masang Pilipino (PMP; Force of the Filipino Masses)'s Rufus Rodriguez
of Cagayan de Oro's 2nd district abstaining as he refused to recognize the second complaint. The committee vote was the first time an impeachment complaint was deemed to be sufficient in substance since the Arroyo presidency. The minority bloc tried to delay the vote by objecting the approval of the minutes, and denying that they were supplied with copies of the complaints, even if their staff had earlier stated that they had received them. Lakas Kampi CMD's Simeon Datumanong
of Maguindanao's 2nd district insisted that the second complaint be barred; Majority leader Neptali Gonzales II of Mandaluyong answered that while the constitution forbids two impeachment proceedings, it does not forbid two impeachment complaints, adding that the two complaints can be consolidated for they were simultaneously referred to the committee.
On the same day, Iloilo 4th district Representative Ferjenel Biron
and former Iloilo vice governor Rolex Suplico of the Nacionalista Party
disclosed that Tupas has a pending case on the ombudsman, and that he should inhibit himself from the proceedings. Suplico filed a complaint against Tupas on the latter's alleged "ghost seminars" while he was still a member of the Iloilo Provincial Board. Tupas defeated Suplico in the 2010 Iloilo 5th district House of Representatives election, while Biron defeated Tupas' father in the 2010 Iloilo 4th district House of Representatives election.
On September 13, Gutierrez filed a petition for certiorari and prohibition to the Supreme Court
to stop the impeachment proceedings against her. Gutierrez cited the one-year ban hearing more than one impeachment proceedings. Tupas said that in a previous decision, the Supreme Court allowed two separate complaints initiated at the same time. The next day, the court granted Gutierrez a status quo ante
order, or all parties should observe the conditions prior to the proceedings, thereby suspending impeachment proceedings against her.
The representatives protested the status quo ante order, with Akbayan representative Walden Bello
saying that "it is an interference with the prerogative of a co-equal branch of government," adding that only Congress can "promulgate" its own rules on impeachment. Speaker of the House of Representatives Feliciano Belmonte (Liberal, Quezon City–4th) had earlier said that while it respects the court's decision, the House of Representatives will proceed with its impeachment proceedings. The move was seen to benefit Gutierrez, and former president and now Pampanga 2nd district representative Arroyo;
Five months later on February 15, 2011, the Supreme Court dismissed their status quo ante order, "thereby effectively allowing the House committee on justice to proceed with the impeachment," said court spokesman Midas Marquez. There were seven justices concurring, five dissenting, and another two concurring on allowing the first of the complaints from proceeding; Justice Presbitero Velasco inhibited himself as his son is a member of the House of Representatives (representing Marinduque
as member of the Lakas-Kampi). Marquez said that while there were two separate complaints, "there is only one proceeding." The court ruled that since Gutierrez can still file an answer, hence there was no violation of due process
.
However, further hearings were held off as the Supreme Court as not given a final decision on Gutierrez's petition. Speaker Belmonte said that the committee cannot meet until the court's decision is finalized. Meanwhile, the executive announced that it would not interfere with the proceedings at the House of Representatives. On February 22, the committee voted to resume their impeachment hearings in a 21–5 vote, after a meeting with Belmonte, who became convinced that the committee can proceed even without the court's final decision, as stated by Deputy Speaker Lorenzo Taňada III
of the Liberal Party from Quezon's 4th district.
Supreme Court Justice Maria Lourdes Sereno later disclosed that the Supreme Court did not debate on the merits on Gutierrez's petition, saying that "several members of the court" had not seen the petition, and that no resolution was made; spokesman Marquez just delivered a news conference to announce the court's ruling. Sereno is the sole appointee of President Aquino; the other 14 justices are appointed by Arroyo.
At the hearing, Alagad
party-list representative Rodante Marcoleta questioned if the committee should wait for the court's decision on Gutierrez's motion for reconsideration. After the minutes of the previous meeting was approved, Nacionalista Party member Marc Douglas Cagas IV
from Davao del Sur's 1st district motioned to reconsider the approval of the minutes, which was denied by vice chairperson Rodolfo Fariñas (Nacionalista, Ilocos Norte–1st) since Cagas was absent at the previous meeting. After several minutes of arguing whether to wait for a Supreme Court decision, Rodolfo Albano (Lakas-Kampi, Isabela–1st) motioned to wait for the decision; the motion was defeated 8–37. Tupas read a letter submitted by Gutierrez, and the representatives debated anew on whether to wait for the court's decision; Fariñas later bared his plan on filing impeachment cases against the justices for not reading Gutierrez's petition before issuing the status quo ante order. The committee ultimately voted that both complaints were sufficient in grounds, with the first complaint passing on a 41–12 vote, and the second complaint approved on a 42–12 decision.
, the Liberal Party members of the House of Representatives adapted a position to support the impeachment proceedings at a meeting where President Aquino attended. Apart from the Liberals, seven representatives from militant parties support the impeachment of Gutierrez.
Gutierrez, who had been boycotting the hearings of the committee, instead sent her lawyer and a reply at the March 8 hearing. On her reply, she stated that "She cannot produce documents because this would render, according to her, moot and academic the issues raised in the motion for reconsideration with the Supreme Court," said Tupas, quoting Gutierrez. She further said that the subpoena
given to her was oppressive, and that she has confidentiality of records. She instead attended a press conference of the Catholic Bishops Conference of the Philippines where she branded the committee as a "kangaroo court," citing that as a reason for her non-appearance. Gutierrez said that the proceedings were a "partisan political exercise," and that she denied asking for support of Representative Arroyo and her allies in the House of Representatives.
At the hearing, the representatives from the minority hit the lack of due process accorded to Gutierrez, and the railroading of the proceedings. To emphasize the point, minority leader Edcel Lagman
(Lakas-Kampi, Albay–1st) and Pedro Romualdo (Lakas-Kampi, Camiguin) brought with them a stack of documents two feet high delivered to them the day before, on which they have to read to make an intelligent assessment of the complaints. Representative from Iloilo's 2nd district Augusto Syjuco asked Tupas to inhibit himself as he has a pending case before the ombudsman, but Tupas dismissed his request. Deputy Speaker Raul Daza (Liberal, Northern Samar–1st) remarked that Gutierrez had already been given enough time to respond to the complaints.
While the hearing was ongoing, the Supreme Court dismissed Gutierrez's motion for reconsideration as the committee did not violate the one-year ban on multiple impeachment proceedings, with the spokesman explaining that "These two complaints were received (by the Justice committee) at the same time. Provided there is only one proceeding – regardless of number of complaints – the impeachment proceeding can go on," adding that the decision was final and no more appeals would be accepted. After the committee was notified of the court's decision, the committee decided to put to a vote in determining probable cause. The first (Akbayan's) complaint was voted upon first, and passed with a 39–12 vote and one abstention, while the BAYAN complaint also passed via 39–6 vote, with one abstention; the abstentions came from Lagman.
*ex-officio members
After the committee votes, the committee will submit a committee report to the plenary which shall be voted upon by the entire House. The committee created an 11-man prosecution panel in case the House of Representatives votes to impeach the ombudsman, while a seven-man committee was formed to draft the report.
The senators from the Liberal Party on the hand, say that they were not given instructions on how to deal with an impeachment trial, as there were no senators present at the aforementioned meeting. Sergio Osmeña III said that the president may have to be more discreet on it, while Gregorio Honasan remarked that Aquino should "refrain from making statements that will be misconstrued as partisan statements." Senators Honasan and Osmeña are independents.
Meanwhile, the executive department denied that President Aquino "gave marching orders" to Liberal Party members of the House of Representatives, and that the separation of powers
was not violated. This comes as members of the minority bloc criticized Aquino for "dictating" to his allies in the House of Representatives, with Lagman saying that impeachment is not solely political process but is "impressed with judicial process."
The committee report will include the following six allegations that will prove that Gutierrez betrayed the public trust:
The following representatives shall compose the House of Representatives' legal team that will present the committee report to the plenary. All are from the Liberal Party
unless stated otherwise:
The weekend before the plenary votes on the committee report, Joseph Emilio Abaya
, chairman of the Committee on Appropriations, denied accusations that a text attributed to him saying those who would not vote for the impeachment will not receive their share of their pork barrel. Several non-Liberal Party representatives were angry with the text message. Meanwhile, Tupas disclosed that a "high-ranking officer" of the Iglesia ni Cristo
had been calling representatives to kill the impeachment complaint, or don't show up at the vote. Bello remarked that this is against the separation of church and state
.
On March 21, the House of Representatives tackled the committee's report. Tupas, Daza, Fariñas and Tañada delivered their sponsorship speeches in support of the committee report. After the sponsorship speeches, Representatives Lagman, Suarez, Marcoleta, Carlos M. Padilla, Syjuco, Albano, Mitos Magsaysay and Cagas served as interpellators. In the period of interpellation, Tupas gave way to Fariñas when it was Syjuco's turn to interpellate. Syjuco then accused Tupas of vested interest; Deputy Speaker Arnulfo Fuentebella
(NPC
, Camarines Sur–4th) reminded him to "to avoid attacking personalities," and motioned to strike off Syjuco's remarks from the record for being "unparliamentary language." Syjuco, who called Tupas "a coward," was about to divulge the meeting among Tupas, Tupas Sr., and Gutierrez; Tupas said that as being his godfather at his wedding, he could not face Syjuco. Syjuco later cut short his interpellation, but after accusing Tupas anew of using the impeachment as part of his senatorial ambitions.
Before midnight, the impeachment was put through a vote, after which Deputy Speaker Fuentebella announced the result. With 4 representatives abstaining, 47 against, and 210 for the impeachment, the House impeached Gutierrez. The minority bloc, Nacionalista Party and the NPC did not have a common stand but instead had a "conscience vote
." Tañada announced a correction in the tally after some votes were misrecorded, with the revised tally having 212 votes for impeachment, with 46 against and four abstentions. The NPC withdrew the conscience vote and voted for impeachment as a bloc; the newly-formed National Unity Party
, a party created by Lakas-Kampi defectors was split with some members led by Southern Leyte representative Roger Mercado going against the party's "no" stand. The sectoral representatives also voted for impeachment, in opposition to their leader Rodante Marcoleta (Alagad
) who was against. Gutierrez lambasted her impeachment, calling the decision "flimsy" and "lamentable," saying that she did not receive fair treatment and that she is prepared to face the Senate, and blaming "dark" politics with the Justice Committee's undue haste on the proceedings.
The House of Representatives was having a difficult time on naming other members of the prosecution, with Magtanggol Gunigundo I (Lakas-Kampi, Valenzuela–2nd) being added; Elpidio Barzaga (NUP, Dasmariñas (Cavite–4th)
) was reportedly considered but he his links to Arroyo was seen to be too strong.
with amendments such as maintaining the silence of the visitors and neutrality among the senators.
Gutierrez resigned on April 29, personally handling her resignation letter to President Aquino; the president accepted the ombudsman's resignation. With her resignation, the senate canceled the impeachment trial. The senators thanked the ombudsman for "sparing" the country from a "tedious, divisive, and painful" impeachment process; Senate President
Juan Ponce Enrile
thanked her as the senate can now concentrate on legislative matters.
Philippine Ombudsman
The Ombudsman of the Philippines is an ombudsman responsible for investigating and prosecuting Philippine government officials accused of crimes....
Merceditas Gutierrez was impeached by the House of Representatives
House of Representatives of the Philippines
The House of Representatives of the Philippines is the lower chamber of the...
on charges of the office's alleged underperformance and failure to act on several cases during the presidency of Gloria Macapagal-Arroyo
Presidency of Gloria Macapagal-Arroyo
The Presidency of Gloria Macapagal-Arroyo spans from January 20, 2001 to June 30, 2010. Her term ended on June 30, 2010, pursuant to the provisions of the 1987 constitution.-Overview:...
. She became the second official after President
President of the Philippines
The President of the Philippines is the head of state and head of government of the Philippines. The president leads the executive branch of the Philippine government and is the commander-in-chief of the Armed Forces of the Philippines...
Joseph Estrada
Joseph Estrada
Joseph "Erap" Ejercito Estrada was the 13th President of the Philippines, serving from 1998 until 2001. Estrada was the first person in the Post-EDSA era to be elected both to the presidency and vice-presidency.Estrada gained popularity as a film actor, playing the lead role in over 100 films in...
in 2000 to be impeached.
While the first impeachment complaint against her was filed in 2009, it was dismissed later in that year in a 14th Congress
14th Congress of the Philippines
The Fourteenth Congress of the Philippines was the national legislature of the Republic of the Philippines, composed of the Philippine Senate and House of Representatives...
dominated by Arroyo's Lakas Kampi CMD party. In 2010, with the election
Philippine presidential election, 2010
-Timeline:The COMELEC-mandated election period for this election was from January 10 to June 9, 2010.-2008:*August 26 - Then Metro Manila Development Authority Chairman Bayani Fernando announces bid for presidency....
of Benigno Aquino III
Benigno Aquino III
Benigno Simeon Cojuangco Aquino III , also known as Noynoy Aquino or PNoy, is a Filipino politician who has been the 15th and current President of the Philippines since June 2010....
of the Liberal Party
Liberal Party (Philippines)
The Liberal Party of the Philippines is a liberal party in the Philippines, founded by then senators Senate President Manuel Roxas, Senate President Pro-Tempore Elpidio Quirino, and former 9th Senatorial District Senator Jose Avelino, on November 24, 1945 by a breakaway Liberal group from the...
as president and the concurrent elections
Philippine House of Representatives elections, 2010
The 2010 Philippine House of Representatives elections were held on May 10, 2010 to elect members to the House of Representatives of the Philippines to serve in the 15th Congress of the Philippines from June 30, 2010 to June 30, 2013...
to the House of Representatives and the subsequent political realignment, two impeachment cases against her were voted as sufficient in form, substance and grounds, and the House of Representatives Committee on Justice had found probable cause
Probable cause
In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...
on alleged betrayal of public trust
Public trust
The concept of the public trust relates back to the origins of democratic government and its seminal idea that within the public lies the true power and future of a society; therefore, whatever trust the public places in its officials must be respected....
as based on the two complaints.
On March 22, 2011, the House of Representatives voted to impeach Gutierrez, sending the committee report as the Articles of Impeachment to the Senate which will act as an impeachment court. A vote of at least two-thirds (16) of all senators (24) is required to convict Gutierrez and remove her from office. However, Gutierrez resigned on April 29, 2011, thereby canceling the impeachment trial of the Senate.
Background
| Step | Votes needed | Total members |
|---|---|---|
Approval by the Committee on Justice*
|
28 | 55 |
| Approval by the House of Representatives | 95 | 284 |
| Conviction by the Senate | 16 | 24 |
| *While only a majority of the regular members (28) is needed to pass a vote, the votes of the ex officio members such as the Deputy Speakers are counted. | ||
The ombudsman is one of the several impeachable officials: the others being the president, vice president, justices of the Supreme Court
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
and the members of the constitutional commissions (Audit, Civil Service and Elections). The following acts are considered as impeachable offenses: culpable violation of the Constitution, treasons, bribery, graft and corruption, other high crimes, and betrayal of public trust
Public trust
The concept of the public trust relates back to the origins of democratic government and its seminal idea that within the public lies the true power and future of a society; therefore, whatever trust the public places in its officials must be respected....
. Furthermore, only one "impeachment proceeding" is allowed to be held against an official in a year, although the definition of the term "impeachment proceeding" and "year" have been vague. The House of Representatives
House of Representatives of the Philippines
The House of Representatives of the Philippines is the lower chamber of the...
has the sole power to impeach, while the Senate
Senate of the Philippines
The Senate of the Philippines is the upper chamber of the bicameral legislature of the Philippines, the Congress of the Philippines...
has the sole power to try the impeached official. The House of Representatives needs one-third of its members to impeach an official, while the Senate needs to muster two-thirds of its members to convict.
2009 case
In 2005, Merceditas Gutierrez was appointed by PresidentPresident of the Philippines
The President of the Philippines is the head of state and head of government of the Philippines. The president leads the executive branch of the Philippine government and is the commander-in-chief of the Armed Forces of the Philippines...
Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo is a Filipino politician who served as the 14th President of the Philippines from 2001 to 2010, as the 12th Vice President of the Philippines from 1998 to 2001, and is currently a member of the House of Representatives representing the 2nd District of Pampanga...
as ombudsman, succeeding outgoing Simeon Marcelo who had resigned. After her appointment, several figures of the Arroyo administration were involved in political scandals such as the NBN-ZTE controversy, the Fertilizer Fund scam
Fertilizer Fund Scam
The Fertilizer Fund Scam is a Philippine political controversy involving accusations that Agriculture Undersecretary Jocelyn Bolante diverted P728 million in fertilizer funds to the 2004 election campaign of President Gloria Macapagal-Arroyo.-Details:...
, the Euro Generals scandal
Euro Generals Scandal
The Euro Generals Scandal involves Eliseo de la Paz and several Philippine National Police officials who went to Russia on October 2008 to attend the Interpol conference...
, among others.
In 2009, a group of civil society personalities led by former Senate President
President of the Senate of the Philippines
The President of the Senate of the Philippines, or more popularly known as the Senate President, is the presiding officer and the highest ranking-official of the Senate of the Philippines. He/she is elected by the entire body to be their leader...
Jovito Salonga
Jovito Salonga
Jovito "Jovy" Reyes Salonga is a Filipino nationalist politician and lawyer, as well as a leading opposition leader during the Marcos regime from 1972, when Ferdinand Marcos declared martial law, until 1986, when Marcos was deposed as a result of a bloodless revolution...
filed an impeachment case against Gutierrez on March 2. The complaint, referred to the Committee on Justice headed by Arroyo's partymate at Lakas Kampi CMD Matias Defensor, Jr.
Matias Defensor, Jr.
Matias Defensor ' is a Filipino politician. A member of Lakas CMD, he is currently serving his second term representing the 3rd District of Quezon City in the House of Representatives of the Philippines. He is married to Florence Defensor...
of Quezon City, cited these issues:
- Deliberate and inordinate action in the World Bank road project worth US$United States dollarThe United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....
33 million - Deliberately ignoring the Supreme CourtSupreme Court of the PhilippinesThe Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
's ruling dismissing the deal between Mega Pacific Corporation and then Commission on ElectionsCommission on Elections (Philippines)The Commission on Elections, or COMELEC, is one of the three constitutional commissions of the Philippines. Its principal role is to enforce all laws and regulations relative to the conduct of elections, initiatives, referendums, and recalls....
chairman Benjamin AbalosBenjamin AbalosBenjamin S. Abalos, Sr. is a politician and is a former chairman of the Philippine Commission on Election. He was also a MMDA Chairman and Mandaluyong City Mayor. He is the father of current Mandaluyong City mayor Benjamin "Benhur" Abalos, Jr..-Early life:Benjamin Abalos was born into a poor...
worth PHPPhilippine pesoThe peso is the currency of the Philippines. It is subdivided into 100 centavos . Before 1967, the language used on the banknotes and coins was English and so "peso" was the name used...
1.3 billion - Filing late and defective information that undermined the cases against former Justice SecretaryDepartment of Justice (Philippines)The Department of Justice , abbreviated as DOJ, is the executive department of the Philippine government responsible for upholding the rule of law in the Philippines...
Hernando Perez, who was charged with extorting money from former Manila Rep. Mark Jimenez - Gross inexcusable inaction on the cases filed by the SenateSenate of the PhilippinesThe Senate of the Philippines is the upper chamber of the bicameral legislature of the Philippines, the Congress of the Philippines...
, former solicitor general Francisco Chavez and murdered journalist Marlene Garcia-EsperatMarlene Garcia-EsperatMarlene Garcia-Esperat was a Filipina whistleblower and investigative journalist who wrote a weekly anti-graft column for local newspapers. As a result of her anti-corruption work, she was murdered in her own home...
on the Fertilizer Fund scamFertilizer Fund ScamThe Fertilizer Fund Scam is a Philippine political controversy involving accusations that Agriculture Undersecretary Jocelyn Bolante diverted P728 million in fertilizer funds to the 2004 election campaign of President Gloria Macapagal-Arroyo.-Details:...
worth PHP1 billion; - Failing to promptly resolve the Euro Generals scandalEuro Generals ScandalThe Euro Generals Scandal involves Eliseo de la Paz and several Philippine National Police officials who went to Russia on October 2008 to attend the Interpol conference...
case despite evidence and admission by the Philippine National PolicePhilippine National PoliceThe Philippine National Police is the national police force of the Republic of the Philippines. It is both a national and a local police force in that it does provides all law enforcement services throughout the Philippines...
comptroller, Director Eliseo de la Paz - Committing grave abuse in dismissing and suspending local government officials, specifically IloiloIloiloIloilo is a province of the Philippines located in the Western Visayas region. Iloilo occupies the southeast portion of Panay Island and is bordered by Antique Province to the west and Capiz Province and the Jintotolo Channel to the north. Just off Iloilo's southeast coast is Guimaras Province,...
Governor Niel Tupas and BataanBataanBataan is a province of the Philippines occupying the whole of the Bataan Peninsula on Luzon. The province is part of the Central Luzon region. The capital of Bataan is Balanga City and it is bordered by the provinces of Zambales and Pampanga to the north...
Governor Enrique Garcia.
On November 18, the House Committee on Justice dismissed the case; while deeming the complaint "sufficient in form," it was deemed as not "sufficient in substance." The committee report stated that "The factual allegations are, at best, a rehash of the allegations for the impeachable offense of betrayal of public trust," and that the suspensions of Tupas and Garcia were justifiable. The report was brought to the plenary on November 18.
2010 cases
In 2010, two impeachment cases were filed against Gutierrez, both by left-leaning parties: first from Akbayan Citizens' Action PartyAkbayan Citizens' Action Party
The Akbayan Citizens' Action Party or AKBAYAN is a registered national political party representing marginalized sectors in the Philippines. Akbayan first participated in the partylist elections in the House of Representatives in the 1998 National Elections and won one seat. The first...
and one from the Bagong Alyansang Makabayan (BAYAN; New Patriotic Alliance). These two complaints were referred to the Committee on Justice which is now chaired by Iloilo's 5th district representative Niel Tupas, Jr. of President Aquino's Liberal Party at August 22.
While Akbayan and BAYAN are both left-leaning parties, they are ideological rivals.
Akbayan complaint
On July 2010, former Akbayan representative Risa Hontiveros-Baraquel led the filing of an impeachment complaint against Gutierrez. The complaint cited these issues:- Low conviction rate of the ombudsman
- Failure to act promptly on the Philippine National Broadband Network controversyPhilippine National Broadband Network controversyThe Philippine National Broadband Network controversy involved allegations of corruption in the awarding of a US$329 million construction contract to Chinese telecommunications firm ZTE for the proposed government-managed National Broadband Network .The contract with ZTE was signed on April 20,...
- Incurred inexcusable delay in the investigation on the death of ensign Philip Pestaño
- Legitimized the arrest of Hontiveros by the police at the height of the Hello Garci scandalHello Garci scandalThe Hello Garci scandal was a political scandal and electoral crisis in the Philippines.The scandal involved former president Gloria Macapagal-Arroyo, who allegedly rigged the 2004 national election in her favor. The official results of that election gave Gloria Macapagal-Arroyo and Noli de Castro...
- Failure to investigate Arroyo's PHP1 million dinner at New York's Le CirqueLe CirqueLe Cirque is a French restaurant in Manhattan owned and operated by Sirio Maccioni. It first opened at the Mayfair Hotel in 1974. It closed and reopened as Le Cirque 2000 at the Palace Hotel in 1997. The latest installation of Le Cirque opened in 2006 in the Bloomberg Tower building at One Beacon...
restaurant - Failure to act on the Mega Pacific scandal, among others
- Refusal to grant ready access to public records such as the Statement of Assets, Net Worth and Liabilities of former Pampanga Rep. Mikey ArroyoMikey ArroyoJuan Miguel Macapagal Arroyo, known as Mikey Arroyo is a Filipino actor and the representative of the party-list group Ang Galing Pinoy. He was the former congressman from second district of Pampanga from 2004 to 2010...
.
BAYAN complaint
BAYAN filed their own case on early August 2010. Led by Renato Reyes, BAYAN cited these issues on their complaint:- Failure to act on the Fertilizer Fund scamFertilizer Fund ScamThe Fertilizer Fund Scam is a Philippine political controversy involving accusations that Agriculture Undersecretary Jocelyn Bolante diverted P728 million in fertilizer funds to the 2004 election campaign of President Gloria Macapagal-Arroyo.-Details:...
- Failure to act on the Euro Generals scandalEuro Generals ScandalThe Euro Generals Scandal involves Eliseo de la Paz and several Philippine National Police officials who went to Russia on October 2008 to attend the Interpol conference...
- Failure to act on the Mega Pacific scandal
Sufficient in form and substance
The House of Representatives' Committee on Justice voted on September 1, 2010 that the two complaints are sufficient in form. With the result, further hearings would be held to determine if the two complaints are sufficient in substance.A week later, the committee voted that the two complaints are sufficient in substance: the first complaint passed via a 41–14 vote, while the second complaint passed with a 41–16 vote, with Pwersa ng Masang Pilipino (PMP; Force of the Filipino Masses)'s Rufus Rodriguez
Rufus Rodriguez
Rufus B. Rodriguez is a Filipino politician. A member of the Pwersa ng Masang Pilipino party, and affiliated with the Genuine Opposition, he was elected as a Member of the House of Representatives, representing the Second District of Cagayan de Oro City beginning in 2007.A graduate of the De La...
of Cagayan de Oro's 2nd district abstaining as he refused to recognize the second complaint. The committee vote was the first time an impeachment complaint was deemed to be sufficient in substance since the Arroyo presidency. The minority bloc tried to delay the vote by objecting the approval of the minutes, and denying that they were supplied with copies of the complaints, even if their staff had earlier stated that they had received them. Lakas Kampi CMD's Simeon Datumanong
Simeon Datumanong
Simeon Datumanong is a Filipino-Muslim politician who held different government positions and currently serves as a Representative of the lone district of Maguindanao in the House of Representatives of the Philippines...
of Maguindanao's 2nd district insisted that the second complaint be barred; Majority leader Neptali Gonzales II of Mandaluyong answered that while the constitution forbids two impeachment proceedings, it does not forbid two impeachment complaints, adding that the two complaints can be consolidated for they were simultaneously referred to the committee.
On the same day, Iloilo 4th district Representative Ferjenel Biron
Ferjenel Biron
Ferjenel G. Biron is a Filipino politician and physician. He is the Representative of the 4th District of Iloilo. He is the founder of Pharmawealth Laboratories, Inc. and was the Chief Executive Officer from . He is a member of Lakas CMD party.-External links:...
and former Iloilo vice governor Rolex Suplico of the Nacionalista Party
Nacionalista Party
The Nacionalista Party is the oldest political party in the Philippines today and was responsible for leading the country throughout the majority of the 20th century since its founding in 1907...
disclosed that Tupas has a pending case on the ombudsman, and that he should inhibit himself from the proceedings. Suplico filed a complaint against Tupas on the latter's alleged "ghost seminars" while he was still a member of the Iloilo Provincial Board. Tupas defeated Suplico in the 2010 Iloilo 5th district House of Representatives election, while Biron defeated Tupas' father in the 2010 Iloilo 4th district House of Representatives election.
Supreme Court's status quo ante order
| Justice | Granting | Lifting | Reconsideration |
|---|---|---|---|
| Corona Renato Corona Renato C. Corona is the incumbent Chief Justice of the Supreme Court of the Philippines. He was appointed to the Court on April 9, 2002 by President Gloria Macapagal-Arroyo... |
Concurred | Dissented | Dissented |
| Carpio Antonio Carpio Antonio T. Carpio is an incumbent Associate Justice of the Supreme Court of the Philippines. He was appointed to the Court by President Gloria Macapagal-Arroyo and assumed office on October 26, 2001, his 52nd birthday.- Profile :... |
Dissented | Concurred | Concurred |
| Carpio-Morales Conchita Carpio-Morales Conchita Carpio-Morales is the newly appointed and current Ombudsman of the Philippines. She was previously an Associate Justice of the Supreme Court of the Philippines.... |
Dissented | Concurred | Concurred |
| Mendoza | On leave | Concurred | Concurred |
| Abad | Concurred | Concurred | Concurred |
| Sereno | Dissented | Concurred | Concurred |
| Nachura Antonio Eduardo Nachura Antonio Eduardo B. Nachura was an Associate Justice of the Supreme Court of the Philippines until his mandatory retirement in June 13, 2011. He had been Solicitor-General of the Philippines at the time of his appointment to the Court was announced on January 31, 2007 by President Gloria... |
On leave | Concurred | Concurred |
| Villarama | Concurred | Concurred | Concurred |
| Brion Arturo Brion Arturo D. Brion is an incumbent Associate Justice of the Supreme Court of the Philippines. He took his oath as a member of the Supreme Court on March 17, 2008 after having been appointed by President Gloria Macapagal Arroyo... |
On leave | Dissented | Dissented |
| Bersamin Lucas Bersamin Lucas P. Bersamin is a Filipino jurist. He was appointed Associate Justice of the Supreme Court of the Philippines by President Gloria Macapagal-Arroyo on April 2, 2009, and was sworn into office the following day... |
Concurred | Dissented | Dissented |
| De Castro | On leave | Dissented | Dissented |
| Peralta Diosdado Peralta Diosdado M. Peralta is a Filipino jurist. He was appointed Associate Justice of the Supreme Court of the Philippines by President Gloria Macapagal-Arroyo on January 14, 2009. He had been Presiding Justice of the Sandiganbayan at the time of his appointment to the Supreme Court.Peralta graduated... |
Concurred | Dissented | Dissented |
| Del Castillo Mariano del Castillo Mariano C. Del Castillo is an Associate Justice of the Supreme Court of the Philippines.After graduating from San Beda College, Mariano del Castillo pursued law studies at the Ateneo de Manila University... |
Concurred | Concurred partially | Concurred partially |
| Perez | Concurred | Concurred partially | Concurred partially |
| Velasco | Concurred | Inhibited | Inhibited |
| Concurrence | 8 | 7 | 7 |
| Dissention | 3 | 5 | 5 |
On September 13, Gutierrez filed a petition for certiorari and prohibition to the Supreme Court
Supreme Court of the Philippines
The Supreme Court of the Philippines is the Philippines' highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice...
to stop the impeachment proceedings against her. Gutierrez cited the one-year ban hearing more than one impeachment proceedings. Tupas said that in a previous decision, the Supreme Court allowed two separate complaints initiated at the same time. The next day, the court granted Gutierrez a status quo ante
Status quo ante
Status quo ante is Latin for "the way things were before" and incorporates the term status quo. In law, it refers to the objective of a temporary restraining order or a rescission in which the situation is restored to "the state in which previously" it existed...
order, or all parties should observe the conditions prior to the proceedings, thereby suspending impeachment proceedings against her.
The representatives protested the status quo ante order, with Akbayan representative Walden Bello
Walden Bello
Walden Bello is a Filipino author, academic, and political analyst. He is a professor of sociology and public administration at the University of the Philippines Diliman, as well as executive director of Focus on the Global South...
saying that "it is an interference with the prerogative of a co-equal branch of government," adding that only Congress can "promulgate" its own rules on impeachment. Speaker of the House of Representatives Feliciano Belmonte (Liberal, Quezon City–4th) had earlier said that while it respects the court's decision, the House of Representatives will proceed with its impeachment proceedings. The move was seen to benefit Gutierrez, and former president and now Pampanga 2nd district representative Arroyo;
Five months later on February 15, 2011, the Supreme Court dismissed their status quo ante order, "thereby effectively allowing the House committee on justice to proceed with the impeachment," said court spokesman Midas Marquez. There were seven justices concurring, five dissenting, and another two concurring on allowing the first of the complaints from proceeding; Justice Presbitero Velasco inhibited himself as his son is a member of the House of Representatives (representing Marinduque
Legislative district of Marinduque
The Legislative District of Marinduque is the current representation of the Province of Marinduque in the Philippine House of Representatives....
as member of the Lakas-Kampi). Marquez said that while there were two separate complaints, "there is only one proceeding." The court ruled that since Gutierrez can still file an answer, hence there was no violation of due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
.
However, further hearings were held off as the Supreme Court as not given a final decision on Gutierrez's petition. Speaker Belmonte said that the committee cannot meet until the court's decision is finalized. Meanwhile, the executive announced that it would not interfere with the proceedings at the House of Representatives. On February 22, the committee voted to resume their impeachment hearings in a 21–5 vote, after a meeting with Belmonte, who became convinced that the committee can proceed even without the court's final decision, as stated by Deputy Speaker Lorenzo Taňada III
Lorenzo Tañada III
Lorenzo "Erin" Reyes Tañada III is a Filipino politician. A member of the Liberal Party, he was elected as a Member of the House of Representatives of the Philippines representing the 4th District of Quezon beginning in 2004...
of the Liberal Party from Quezon's 4th district.
Supreme Court Justice Maria Lourdes Sereno later disclosed that the Supreme Court did not debate on the merits on Gutierrez's petition, saying that "several members of the court" had not seen the petition, and that no resolution was made; spokesman Marquez just delivered a news conference to announce the court's ruling. Sereno is the sole appointee of President Aquino; the other 14 justices are appointed by Arroyo.
Sufficient grounds
A day before the committee (February 28) met to decide if the two complaints are sufficient in grounds, Gutierrez filed before the Supreme Court a motion for reconsideration.At the hearing, Alagad
Alagad
Alagad means "Ally" in the Filipino language.A party-list in the Philippines which is the electoral wing of the Iglesia ni Cristo is named Alagad....
party-list representative Rodante Marcoleta questioned if the committee should wait for the court's decision on Gutierrez's motion for reconsideration. After the minutes of the previous meeting was approved, Nacionalista Party member Marc Douglas Cagas IV
Marc Douglas Cagas IV
Marc Douglas C. Cagas IV is a Filipino politician. A member of the LAKAS-CMD Party, he was elected in 2007 as a Member of the House of Representatives of the Philippines, representing the First District of Davao del Sur.-References:....
from Davao del Sur's 1st district motioned to reconsider the approval of the minutes, which was denied by vice chairperson Rodolfo Fariñas (Nacionalista, Ilocos Norte–1st) since Cagas was absent at the previous meeting. After several minutes of arguing whether to wait for a Supreme Court decision, Rodolfo Albano (Lakas-Kampi, Isabela–1st) motioned to wait for the decision; the motion was defeated 8–37. Tupas read a letter submitted by Gutierrez, and the representatives debated anew on whether to wait for the court's decision; Fariñas later bared his plan on filing impeachment cases against the justices for not reading Gutierrez's petition before issuing the status quo ante order. The committee ultimately voted that both complaints were sufficient in grounds, with the first complaint passing on a 41–12 vote, and the second complaint approved on a 42–12 decision.
Determination of probable cause
The day before the hearing for the determination of probable causeProbable cause
In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...
, the Liberal Party members of the House of Representatives adapted a position to support the impeachment proceedings at a meeting where President Aquino attended. Apart from the Liberals, seven representatives from militant parties support the impeachment of Gutierrez.
Gutierrez, who had been boycotting the hearings of the committee, instead sent her lawyer and a reply at the March 8 hearing. On her reply, she stated that "She cannot produce documents because this would render, according to her, moot and academic the issues raised in the motion for reconsideration with the Supreme Court," said Tupas, quoting Gutierrez. She further said that the subpoena
Subpoena
A subpoena is a writ by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena:...
given to her was oppressive, and that she has confidentiality of records. She instead attended a press conference of the Catholic Bishops Conference of the Philippines where she branded the committee as a "kangaroo court," citing that as a reason for her non-appearance. Gutierrez said that the proceedings were a "partisan political exercise," and that she denied asking for support of Representative Arroyo and her allies in the House of Representatives.
At the hearing, the representatives from the minority hit the lack of due process accorded to Gutierrez, and the railroading of the proceedings. To emphasize the point, minority leader Edcel Lagman
Edcel Lagman
Edcel Lagman is a Filipino politician from the province of Albay and a prominent supporter of the Reproductive Health Bill .-Political life:...
(Lakas-Kampi, Albay–1st) and Pedro Romualdo (Lakas-Kampi, Camiguin) brought with them a stack of documents two feet high delivered to them the day before, on which they have to read to make an intelligent assessment of the complaints. Representative from Iloilo's 2nd district Augusto Syjuco asked Tupas to inhibit himself as he has a pending case before the ombudsman, but Tupas dismissed his request. Deputy Speaker Raul Daza (Liberal, Northern Samar–1st) remarked that Gutierrez had already been given enough time to respond to the complaints.
While the hearing was ongoing, the Supreme Court dismissed Gutierrez's motion for reconsideration as the committee did not violate the one-year ban on multiple impeachment proceedings, with the spokesman explaining that "These two complaints were received (by the Justice committee) at the same time. Provided there is only one proceeding – regardless of number of complaints – the impeachment proceeding can go on," adding that the decision was final and no more appeals would be accepted. After the committee was notified of the court's decision, the committee decided to put to a vote in determining probable cause. The first (Akbayan's) complaint was voted upon first, and passed with a 39–12 vote and one abstention, while the BAYAN complaint also passed via 39–6 vote, with one abstention; the abstentions came from Lagman.
Result of the vote
This were the results of the votes according the Justice Committee:| Representative | |Party | Bloc | District | First complaint | Second complaint | |
|---|---|---|---|---|---|---|
| Rodolfo Fariñas |
Majority | Ilocos Norte–1st | For | For | ||
| Federico Quimbo |
Majority | Marikina–2nd | For | For | ||
| Reynaldo Umali |
Majority | Oriental Mindoro–2nd | For | For | ||
| Andres Salvacion, Jr. |
Majority | Leyte–3rd | For | For | ||
| Roy Loyola |
Majority | Cavite–3rd | For | For | ||
| Ronald Cosalan |
Majority | Benguet | For | For | ||
| Carlo Lopez |
Majority | Manila–2nd | For | For | ||
| Winston Castelo |
Majority | Quezon City–2nd | For | For | ||
| Joseph Emilio Abaya Joseph Emilio Abaya Joseph Emilio "Jun" Aguinaldo Abaya is a Filipino politician. A member of the Liberal Party, he has been elected to two terms as a Member of the House of Representatives of the Philippines, representing the 1st District of Cavite... |
Majority | Cavite–1st | For | For | ||
| Henedina Abad |
Majority | Batanes | For | For | ||
| Ma. Evita Arago |
Majority | Laguna–3rd | For | For | ||
| Jocelyn Limkaichong |
Majority | Negros Oriental–1st | For | For | ||
| Irvin Alcala |
Majority | Quezon–2nd | For | For | ||
| Teodoro Baguilat, Jr. |
Majority | Ifugao | For | For | ||
| Eleandro Madrona |
Majority | Romblon Legislative district of Romblon The Legislative District of Romblon is the representation of the Province of Romblon in the Philippine House of Representatives. From 1907 to 1919 Romblon was represented as part of the third district of Capiz... |
For | For | ||
| Ma. Theresa Bonoan-David |
Majority | Manila–4th | For | For | ||
| Alfredo Marañon III |
Majority | Negros Occidental–2nd | For | For | ||
| Arthur Defensor |
Majority | Iloilo–3rd | For | For | ||
| Kaka Bag-ao Kaka Bag-ao Arlene "Kaka" J. Bag-ao is a human rights lawyer and advocate, and the second representative of Akbayan Party in the 15th Congress of the Philippines.- Education :... |
Akbayan Akbayan Citizens' Action Party The Akbayan Citizens' Action Party or AKBAYAN is a registered national political party representing marginalized sectors in the Philippines. Akbayan first participated in the partylist elections in the House of Representatives in the 1998 National Elections and won one seat. The first... |
Majority | Sectoral | For | For | |
| Mylene Garcia-Albano |
Majority | Davao City–2nd | For | For | ||
| Danilo Fernandez Danilo Fernandez Danilo Ramon Subiaga Fernandez is a Filipino actor, doctor, and politician currently on his second term as Representative of the 1st District of Laguna. Prior to his election in the Congress, he was formerly a member of the Sangguniang Panlalawigan and the Vice Governor of Laguna under the... |
Majority | Laguna–1st | For | For | ||
| Mark Sambar | PBA | Majority | Sectoral | For | For | |
| David Kho | Senior Citizens | Majority | Sectoral | For | For | |
| Isidro Ungab Isidro Ungab Isidro T. Ungab is a Filipino politician, a former banker, and a former local legislator of the City of Davao. He was elected as a Member of the House of Representatives of the Philippines, representing the Third District of Davao City beginning in 2007.Ungab attended the University of the... |
Majority | Davao City–3rd | For | Not around | ||
| Roilo Golez Roilo Golez Roilo Golez is a Philippine politician on his sixth term as Member of the Philippine House of Representatives representing the Second District of Parañaque City, one of the most industrialized districts of the Philippines... |
Majority | Parañaque–2nd | For | For | ||
| Rodolfo Biazon Rodolfo Biazon Rodolfo "Pong" Gaspar Biazon is a politician in the Philippines. He is a former Senator. He was elected Senator in the 1992 election for a term of 3 years. He was elected to his first six-year term in the 1998 election, and was re-elected in the 2004 election... |
Majority | Muntinlupa | For | For | ||
| Teodoro Casiño Teodoro Casiño Teodoro A. Casiño is a Filipino partylist representative, writer and journalist. He is a member of the House of Representatives for Bayan Muna in the 14th Congress of the Philippines.-Early Biography:... |
Bayan Muna Bayan Muna Bayan Muna is a leftist political party in the Philippines.The motto of the party is "New Politics, the Politics of Change", against "traditional, elitist, pro-imperialist politics". Its platform includes the advocation of a government that progressively supports the working class, with meaningful... |
Majority | Sectoral | For | For | |
| Emmeline Aglipay | DIWA | Majority | Sectoral | For | For | |
| Marcelino Teodoro* |
Majority | Marikina–1st | For | For | ||
| Raul Daza* |
Majority | Northern Samar–1st | For | For | ||
| Lorenzo Tanada III Lorenzo Tañada III Lorenzo "Erin" Reyes Tañada III is a Filipino politician. A member of the Liberal Party, he was elected as a Member of the House of Representatives of the Philippines representing the 4th District of Quezon beginning in 2004... * |
Majority | Quezon–4th | For | For | ||
| Elpidio Barzaga* |
Majority | Dasmariñas (Cavite–4th) Legislative district of Dasmariñas City The Legislative District of Dasmariñas City is the representation of the city of Dasmariñas, Cavite in the House of Representatives of the Philippines. The district corresponds to the 4th Legislative District of Cavite, which was created on October 22, 2009 just right before the ratification of the... |
For | For | ||
| Sharon Garin | AAMBIS-Owa | Majority | Sectoral | For | For | |
| Maria Isabelle Climaco* |
Majority | Zamboanga City–1st | For | For | ||
| Paolo Javier* |
Majority | Antique | For | For | ||
| Janette Garin Janette Garin Janette L. Garin is a Filipino politician in the Philippines House of Representatives. She is the Representative of the 1st District of Iloilo and former provincial board member of Leyte. She is a member of Lakas CMD and a physician. She is the wife of Iloilo board member and former town mayor,... * |
Majority | Iloilo–1st | For | For | ||
| Roman Romulo* |
Majority | Pasig | For | For | ||
| Jorge Banal, Jr.* |
Majority | Quezon City–3rd | For | For | ||
| Sherwin Tugna* | CIBAC Citizen's Battle Against Corruption The Citizen's Battle Against Corruption is a political party in the Philippines.In the 2004 elections for the House of Representatives CIBAC got 495,193 votes and one seat.... |
Majority | Sectoral | For | For | |
| Pedro Romualdo |
Majority | Camiguin | Against | Against | ||
| Simeon Datumanong Simeon Datumanong Simeon Datumanong is a Filipino-Muslim politician who held different government positions and currently serves as a Representative of the lone district of Maguindanao in the House of Representatives of the Philippines... |
Minority | Maguindanao–2nd | Against | Against | ||
| Rodolfo Albano |
Minority | Isabela–1st | Against | Against | ||
| Orlando Fua |
Minority | Siquijor Legislative district of Siquijor The Legislative District of Siquijor is the current representation of the province of Siquijor in the Philippine House of Representatives.From 1907 the sub-province Siquijor was represented as part of the second district of Negros Oriental... |
Against | Not around | ||
| Giorgidi Aggabao |
Majority | Isabela–4th | Against | Against | ||
| Danilo Suarez |
Minority | Quezon–3rd | Against | Not around | ||
| Augusto Syjuco, Jr.* |
Minority | Iloilo–2nd | Against | Against | ||
| Jose Aquino* |
Minority | Agusan del Norte–1st | Against | Not around | ||
| Amelita Villarosa* |
Majority | Occidental Mindoro Legislative district of Occidental Mindoro The Legislative District of Occidental Mindoro is the representation of the Province of Occidental Mindoro in the Philippine House of Representatives. Occidental Mindoro was represented as part of Mindoro Province prior to being granted its own representation in 1951... |
Against | Against | ||
| Edcel Lagman Edcel Lagman Edcel Lagman is a Filipino politician from the province of Albay and a prominent supporter of the Reproductive Health Bill .-Political life:... * |
Minority | Albay–1st | Abstained | Abstained |
Referral to the plenary
|
|||||||||||||||||||||||||||||||||||||||||||||||
|
After the committee votes, the committee will submit a committee report to the plenary which shall be voted upon by the entire House. The committee created an 11-man prosecution panel in case the House of Representatives votes to impeach the ombudsman, while a seven-man committee was formed to draft the report.
The senators from the Liberal Party on the hand, say that they were not given instructions on how to deal with an impeachment trial, as there were no senators present at the aforementioned meeting. Sergio Osmeña III said that the president may have to be more discreet on it, while Gregorio Honasan remarked that Aquino should "refrain from making statements that will be misconstrued as partisan statements." Senators Honasan and Osmeña are independents.
Meanwhile, the executive department denied that President Aquino "gave marching orders" to Liberal Party members of the House of Representatives, and that the separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
was not violated. This comes as members of the minority bloc criticized Aquino for "dictating" to his allies in the House of Representatives, with Lagman saying that impeachment is not solely political process but is "impressed with judicial process."
The committee report will include the following six allegations that will prove that Gutierrez betrayed the public trust:
- Inaction of the ombudsman in the Fertilizer fund scamFertilizer Fund ScamThe Fertilizer Fund Scam is a Philippine political controversy involving accusations that Agriculture Undersecretary Jocelyn Bolante diverted P728 million in fertilizer funds to the 2004 election campaign of President Gloria Macapagal-Arroyo.-Details:...
- Inaction of the ombudsman in the Mega Pacific scam
- Inaction of the ombudsman in the Euro Generals scandalEuro Generals ScandalThe Euro Generals Scandal involves Eliseo de la Paz and several Philippine National Police officials who went to Russia on October 2008 to attend the Interpol conference...
- Failure to make immediate complaints against former President Gloria Macapagal-ArroyoGloria Macapagal-ArroyoGloria Macapagal-Arroyo is a Filipino politician who served as the 14th President of the Philippines from 2001 to 2010, as the 12th Vice President of the Philippines from 1998 to 2001, and is currently a member of the House of Representatives representing the 2nd District of Pampanga...
and her husband Jose Miguel ArroyoJose Miguel ArroyoJose Miguel "Mike" Tuason Arroyo is a former First Gentleman of the Philippines. He is the husband of Gloria Macapagal-Arroyo, the former President of the Philippines and the current Congresswoman of Pampanga 2nd District....
due to the Philippine National Broadband Network controversyPhilippine National Broadband Network controversyThe Philippine National Broadband Network controversy involved allegations of corruption in the awarding of a US$329 million construction contract to Chinese telecommunications firm ZTE for the proposed government-managed National Broadband Network .The contract with ZTE was signed on April 20,... - Delay in the investigation of the death of Navy ensign Philip Pestaño
- Low conviction rate of the ombudsman
The following representatives shall compose the House of Representatives' legal team that will present the committee report to the plenary. All are from the Liberal Party
Liberal Party (Philippines)
The Liberal Party of the Philippines is a liberal party in the Philippines, founded by then senators Senate President Manuel Roxas, Senate President Pro-Tempore Elpidio Quirino, and former 9th Senatorial District Senator Jose Avelino, on November 24, 1945 by a breakaway Liberal group from the...
unless stated otherwise:
- Niel Tupas, Jr. of Iloilo's 5th district
- Rodolfo Fariñas of Ilocos Norte's 1st district (NacionalistaNacionalista PartyThe Nacionalista Party is the oldest political party in the Philippines today and was responsible for leading the country throughout the majority of the 20th century since its founding in 1907...
) - Reynaldo Umali of Oriental Mindoro's 2nd district
- Lorenzo Tañada IIILorenzo Tañada IIILorenzo "Erin" Reyes Tañada III is a Filipino politician. A member of the Liberal Party, he was elected as a Member of the House of Representatives of the Philippines representing the 4th District of Quezon beginning in 2004...
of Quezon's 4th district - Raul Daza of Northern Samar's 1st district
- Neri Colmanares (Bayan MunaBayan MunaBayan Muna is a leftist political party in the Philippines.The motto of the party is "New Politics, the Politics of Change", against "traditional, elitist, pro-imperialist politics". Its platform includes the advocation of a government that progressively supports the working class, with meaningful...
sectoral representative) - Arlene Bag-ao (Akbayan sectoral representative)
- Joseph Emilio AbayaJoseph Emilio AbayaJoseph Emilio "Jun" Aguinaldo Abaya is a Filipino politician. A member of the Liberal Party, he has been elected to two terms as a Member of the House of Representatives of the Philippines, representing the 1st District of Cavite...
of Cavite's 1st district - Another representative to be decided by the plenary
The weekend before the plenary votes on the committee report, Joseph Emilio Abaya
Joseph Emilio Abaya
Joseph Emilio "Jun" Aguinaldo Abaya is a Filipino politician. A member of the Liberal Party, he has been elected to two terms as a Member of the House of Representatives of the Philippines, representing the 1st District of Cavite...
, chairman of the Committee on Appropriations, denied accusations that a text attributed to him saying those who would not vote for the impeachment will not receive their share of their pork barrel. Several non-Liberal Party representatives were angry with the text message. Meanwhile, Tupas disclosed that a "high-ranking officer" of the Iglesia ni Cristo
Iglesia ni Cristo
Iglesia ni Cristo also known as INC, is the largest entirely indigenous Christian religious organization that originated from the Philippines and the largest independent church in Asia. Due to a number of similarities, some Protestant writers describe the INC's doctrines as restorationist in...
had been calling representatives to kill the impeachment complaint, or don't show up at the vote. Bello remarked that this is against the separation of church and state
Separation of church and state
The concept of the separation of church and state refers to the distance in the relationship between organized religion and the nation state....
.
On March 21, the House of Representatives tackled the committee's report. Tupas, Daza, Fariñas and Tañada delivered their sponsorship speeches in support of the committee report. After the sponsorship speeches, Representatives Lagman, Suarez, Marcoleta, Carlos M. Padilla, Syjuco, Albano, Mitos Magsaysay and Cagas served as interpellators. In the period of interpellation, Tupas gave way to Fariñas when it was Syjuco's turn to interpellate. Syjuco then accused Tupas of vested interest; Deputy Speaker Arnulfo Fuentebella
Arnulfo Fuentebella
Arnulfo P. Fuentabella was the Speaker of the Philippine House of Representatives from 2000 to 2001. He is now a representative of Camarines Sur.-Speakership:...
(NPC
Nationalist People's Coalition
The Nationalist People's Coalition or NPC is a political party in the Philippines.-History:The Party was founded in 1991 after some members of the Nacionalista Party led by then Rizal Governor Isidro Rodriguez bolted from the Nacionalista Party after some disagreements with Nacionalista party...
, Camarines Sur–4th) reminded him to "to avoid attacking personalities," and motioned to strike off Syjuco's remarks from the record for being "unparliamentary language." Syjuco, who called Tupas "a coward," was about to divulge the meeting among Tupas, Tupas Sr., and Gutierrez; Tupas said that as being his godfather at his wedding, he could not face Syjuco. Syjuco later cut short his interpellation, but after accusing Tupas anew of using the impeachment as part of his senatorial ambitions.
Before midnight, the impeachment was put through a vote, after which Deputy Speaker Fuentebella announced the result. With 4 representatives abstaining, 47 against, and 210 for the impeachment, the House impeached Gutierrez. The minority bloc, Nacionalista Party and the NPC did not have a common stand but instead had a "conscience vote
Conscience vote
A conscience vote or free vote is a type of vote in a legislative body where legislators are allowed to vote according to their own personal conscience rather than according to an official line set down by their political party....
." Tañada announced a correction in the tally after some votes were misrecorded, with the revised tally having 212 votes for impeachment, with 46 against and four abstentions. The NPC withdrew the conscience vote and voted for impeachment as a bloc; the newly-formed National Unity Party
National Unity Party (Philippines)
National Unity Party is a political party in the Philippines. The party was formed by former members of the Lakas Kampi CMD who broke away after internal discontent within the party...
, a party created by Lakas-Kampi defectors was split with some members led by Southern Leyte representative Roger Mercado going against the party's "no" stand. The sectoral representatives also voted for impeachment, in opposition to their leader Rodante Marcoleta (Alagad
Alagad
Alagad means "Ally" in the Filipino language.A party-list in the Philippines which is the electoral wing of the Iglesia ni Cristo is named Alagad....
) who was against. Gutierrez lambasted her impeachment, calling the decision "flimsy" and "lamentable," saying that she did not receive fair treatment and that she is prepared to face the Senate, and blaming "dark" politics with the Justice Committee's undue haste on the proceedings.
The House of Representatives was having a difficult time on naming other members of the prosecution, with Magtanggol Gunigundo I (Lakas-Kampi, Valenzuela–2nd) being added; Elpidio Barzaga (NUP, Dasmariñas (Cavite–4th)
Legislative district of Dasmariñas City
The Legislative District of Dasmariñas City is the representation of the city of Dasmariñas, Cavite in the House of Representatives of the Philippines. The district corresponds to the 4th Legislative District of Cavite, which was created on October 22, 2009 just right before the ratification of the...
) was reportedly considered but he his links to Arroyo was seen to be too strong.
Senate impeachment trial
On March 23, Tupas and company, including the two leading complainants, personally submitted to the Senate the Articles of Impeachment. Later that day, the Senate adopted its rules for impeachment, adopting the rules used in the 2000 impeachment of Joseph EstradaJoseph Estrada
Joseph "Erap" Ejercito Estrada was the 13th President of the Philippines, serving from 1998 until 2001. Estrada was the first person in the Post-EDSA era to be elected both to the presidency and vice-presidency.Estrada gained popularity as a film actor, playing the lead role in over 100 films in...
with amendments such as maintaining the silence of the visitors and neutrality among the senators.
Gutierrez resigned on April 29, personally handling her resignation letter to President Aquino; the president accepted the ombudsman's resignation. With her resignation, the senate canceled the impeachment trial. The senators thanked the ombudsman for "sparing" the country from a "tedious, divisive, and painful" impeachment process; Senate President
President of the Senate of the Philippines
The President of the Senate of the Philippines, or more popularly known as the Senate President, is the presiding officer and the highest ranking-official of the Senate of the Philippines. He/she is elected by the entire body to be their leader...
Juan Ponce Enrile
Juan Ponce Enrile
Juan Ponce Enrile is a Filipino politician. As a protege of President Ferdinand Marcos, he served as Justice Secretary and then Defense Secretary under the Marcos regime. He later became one of the leaders of the 1986 People Power Movement that drove Marcos from power...
thanked her as the senate can now concentrate on legislative matters.
External links
- Gutierrez vs. House of Representatives Committee on Justice, et. al., decision by the Supreme Court
- House Resolution 1089 (Articles of Impeachment) from gov.ph