The House committee on justice unanimously voted on Tuesday that the impeachment complaint filed against Ombudsman Ma. Merceditas Gutierrez was sufficient in form. In spite of debates on quorum rules, the committee chaired by Quezon City Rep. Matias Defensor voted 28 to 0 to give the initial go-signal for the complaint to be heard. The complaint against Gutierrez was filed by a group headed by former Senate President Jovito Salonga last March 2. Gutierrez was accused of betrayal of public trust and culpable violation of the Constitution for alleged failure to prosecute those involved in several high-profile corruption cases. The cases include the P1.3-billion Mega-Pacific poll computerization, alleged $2-million extortion case against former Justice Secretary Hernando “Nani” Perez, P728-million fertilizer fund scam, the P6.9-million “euro generals” case, the multi-billion World Bank road projects, among others. Defensor said earlier that an absolute majority to make a ruling in the committee is 28 members or 50 plus one of the 55 regular members. However, Para?aque Rep. Roilo Golez raised a motion that the voting should include the 15 ex-officio members in determining the absolute majority. “(I believe) the justice committee did not have the required quorum when it voted on sufficiency in form,” Golez said. Golez said that since there were four ex officio members who voted and 55 regular members, the quorum should be 31 attendants, citing Section 36 of the House Rules. But Defensor said the rule is 50 percent of the 55 members plus one or 28 lawmakers, explaining that the duty of ex-officio members is to substitute for the absent regular members. “My interpretation is that following the (Deputy Speaker Simeon) Datumanong rule which is the most recent rule, the voting should be majority of all the regular members which is 55 divided by 2 plus one,” said Defensor. Salonga on Tuesday told the House committee on justice he would bring the impeachment case to the Supreme Court if the committee fails to act on it. “I hope and pray that it will not be necessary for us to invoke this power of the judicial department,” Salonga told the committee after discussing the powers of the legislative chamber to put to task anyone in government who commits grave abuse of discretion. The complainants said that as defender of the people, the Ombudsman was expected to be “merciless against public servants who pursue their own interest.” But with Gutierrez at the helm office “public trust has completely collapsed.” “Ombudsman Gutierrez has clearly failed the Filipino people with her inaction, mishandling, and downright dismissal of clear cases of graft and corruption, some leading to the president (Gloria Arroyo) herself and that of her closest associates,” the complaint added. Upon learning of the complaint against her, Gutierrez immediately called for a press conference and lashed back her critics. She hurled tirades against her detractors and accused them of using politics to bring her down. Gutierrez said the Nacionalista party, where Salonga was chairman Emeritus, was getting back at her because of the graft charges her office filed against the party's vice-president, Bukidnon Rep. Nereus Acosta last February. The Ombudsman ordered the filing of graft charges before the Sandiganbayan against Acosta, his mother and their relative for supposedly defrauding the government of P10.5 million in public funds. Gutierrez, who said that she would not resign from her post, said she was mulling on filing counter charges against her critics. – PNS/GMANews.TV/ABS
