GMA endorses Gutierrez as Ombudsman

President Arroyo is endorsing her anti-graft czarina and chief presidential legal counsel Merceditas Gutierrez to succeed outgoing Ombudsman Simeon Marcelo, The STAR learned yesterday from former Senate president Jovito Salonga.

If appointed, Gutierrez will become the first woman to head the Office of the Ombudsman.

"We checked with unimpeachable sources in Malacañang and with an incumbent justice of the Supreme Court who knows whereof he speaks — the choice of GMA is her own presidential legal counsel," Salonga said in a letter to The STAR.

This was confirmed by top Malacañang officials, who refused to be identified. They refused to give details, saying they did not want to preempt Mrs. Arroyo’s announcement.

"She (Gutierrez) is very acceptable as the new ombudsman," one official commented.

"Hopefully, it’s true that she is the one indeed endorsed," another official said.

The seven-member Judicial and Bar Council (JBC) is currently putting together a "short list" of nominees to the post, from which Mrs. Arroyo will make her choice.

Under the Constitution, the JBC must submit to the President at least three names which have gathered the most votes among the panel.

The JBC will interview 15 candidates for the post in mid-November as Marcelo’s Nov. 30 resignation draws closer.

The panel, chaired by Chief Justice Hilario Davide Jr., is still screening candidates and will finalize its list on Nov. 21.

Davide himself is scheduled to retire in December and the council will soon start accepting nominations for his soon-to-be-vacated post.

Mrs. Arroyo’s preference for Gutierrez was also reported in an editorial of this month’s edition of Bantay Katarungan magazine, published by Kilosbayan, a civic organization founded by Salonga. The magazine is scheduled for release on Wednesday.

"The other day, Bantay Katarungan checked with knowledgeable persons in the Palace. We were authoritatively informed that President Gloria Macapagal-Arroyo had just endorsed Presidential Legal Counsel Merceditas Gutierrez for the position of ombudsman," the editorial stated.

Gutierrez has been working closely with Tony Kwok, the former chief of Hong Kong’s Independent Commission Against Corruption and now consultant of the Office of the Ombudsman.

If appointed, Gutierrez, 56, will serve for a fixed term of seven years. Unlike other presidential appointments, her appointment does not need approval by the Commission on Appointments.

The fight for the post continues to heat up, with contenders and their backers trying to outdo one another.

Highly placed sources said Villaraza & Angangco Law Offices, which is closely associated with Mrs. Arroyo, is rooting for Deputy Ombudsman for Luzon Victor Fernandez to get the nod.

Sources added some "lobbyists" were urging members of the JBC not to recommend Gutierrez, a former Department of Justice undersecretary.

The other candidates are Crispin Bravo, Davao City Rep. Douglas Cagas, Orlando Casimiro, Arturo De Castro, Gualberto De Llana, Victor Fernandez, Court of Appeals Justice Remedios Salazar Fernando, Nicodemo Ferrer, Margarito Gervacio, Christopher Lock, Diosdado Peralta, Arno Sanidad and Chief State Prosecutor Dennis Villa-Ignacio.

Gutierrez was appointed chief presidential legal counsel rather than justice secretary when Mrs. Arroyo formed her new Cabinet following her victory in last year’s presidential elections.

Gutierrez served at the justice department for more than 20 years.

The Ateneo law graduate started her career as state counsel and was later promoted to assistant chief state counsel.

In 2001, Gutierrez was appointed undersecretary. She served as acting secretary twice during the leave of absence of then-Secretary Hernando Perez and when Simeon Datumanong ran for Congress last May. Datumanong, now a Maguindanao congressman, represents the House of Representatives in the JBC.

She enjoyed the backing of prosecutors, lawyers and nongovernmental organizations when she was nominated justice secretary. They cited her clean background and accomplishments at the department.

Great degree of integrity

Kwok said Marcelo’s successor must continue the reforms that he initiated in line with the Arroyo administration’s campaign on corruption.

"He should be a person who has some sense of integrity and political will to push the various reforms which Sonny (Marcelo’s nickname) commenced. The man should be able to live beyond his stress," he told The STAR in an interview in October shortly after Marcelo tendered his resignation, citing poor health.

Kwok joined the Office of the Ombudsman as its chief adviser in 2003.

"The next ombudsman should have a great degree of integrity, have a sense of mission, political courage, ability to manage, must be professional and (one) who knows about corruption enforcement," he said.

Kwok pointed out that Marcelo was able to transform the Office of the Ombudsman "from a very weak organization to a force to be reckoned with."

Kwok remains optimistic that corruption in the Philippines can be curbed in two years. "We can eradicate corruption provided there’s strong political will, the Ombudsman is given sufficient resources and the judiciary is able to perform. It’s the biggest stumbling block, due to undue delay in the prosecution of corrupt officials."

In 2003, the Arroyo administration launched an anti-corruption campaign that included "lifestyle checks" on government officials.

Mrs. Arroyo recruited Kwok to show her determination in fighting corruption.

However, she is now deeply embroiled in the most serious political crisis ever to hound her administration.

Mrs. Arroyo is fighting opposition allegations that she cheated her way to victory in last year’s presidential elections although she defeated an impeachment challenge in September.

The electoral fraud allegations were compounded by accusations that her husband, son and brother-in-law took bribes from illegal gambling barons, reminiscent of the corruption allegations against ousted former president Joseph Estrada.

Various international agencies have expressed concern about massive corruption in the Philippines, which analysts say has discouraged foreign investors.

Some surveys portray the Philippines as the second most corrupt country in Asia next to Indonesia.

Corruption is one of the main causes of the government’s chronic budget deficit, which analysts warn could deteriorate into a fiscal crisis and derail Mrs. Arroyo’s anti-poverty agenda.

Independent estimates suggest at least a fifth of the government budget is lost through graft. — With Aurea Calica