House committee chief won't inhibit from Gutierrez impeach case

MANILA, Philippines –  The chairman of the House committee on justice, whose father was indicted by the Office of the Ombudsman for graft and gross neglect of duty, refused yesterday to inhibit himself from presiding over the hearings on the impeachment complaint against Ombudsman Merceditas Gutierrez despite mounting calls for him to do so out of propriety.

Iloilo Rep. Niel Tupas, whose father, former governor Niel Tupas Sr., was indicted and dismissed for dishonesty, grave misconduct and gross neglect of duty over a P63-million quarrying contract in the province, said he would not inhibit himself from the impeachment proceedings as the hearings on the complaint against Gutierrez started yesterday.

Questions on his possible partiality were raised at the justice committee when Tupas was about to call for a vote on the motion of the panel’s senior vice chairman Ilocos Norte Rep. Rodolfo Fariñas to declare the impeachment complaint filed by the Akbayan party-list as sufficient in form.

Davao del Sur Rep. Marc Douglas Cagas raised the issue of the case against Tupas’ father pending in the anti-graft court Sandiganbayan. Cagas however felt awkward in questioning the presence of Tupas that Iloilo Rep. Ferjenel Biron took the cudgels for him.

Biron said it would be hard for Tupas to be impartial when he has an axe to grind against Gutierrez.

“I think this (possible bias) will haunt the chairman in the entire proceeding of this impeachment hearing.

He (Tupas) should have been advised to inhibit,” Biron told reporters during the break in the hearings. “We are all in pursuit of good governance and here we are accusing the Ombudsman of culpable violation of the Constitution.”

Biron warned the issue would “taint” the proceedings and expose the hearings to various questions.

He noted that Tupas voted for the impeachment of Gutierrez in the last Congress on various charges, including the alleged illegal dismissal of his father by the Ombudsman.

The committee decided the matter of inhibition is best left to Tupas and that lawmakers cannot force him to inhibit.

After debates for and against Tupas, the chairman declared that he would not inhibit himself even as he gave assurances that he would remain objective and impartial in steering the impeachment hearings.

The panel later also declared the impeachment complaint filed by Bayan Muna party-list as also sufficient in form.

The committee will later decide on whether to consolidate or not the two documents. The House is allowed to entertain only one impeachment complaint against an official in one year.