Merci impeachment on

MANILA, Philippines - A committee of the House of Representatives yesterday voted to resume hearings on the impeachment complaint against Ombudsman Merceditas Gutierrez.

Lawmakers comprising the House committee on justice voted 21-5 to resume the impeachment proceedings against Gutierrez following a motion of Ilocos Norte Rep. Rodolfo Fariñas.

Fariñas, vice chairman of the committee, ordered Gutierrez to answer the impeachment complaints against her within three days, even as other lawmakers warned the proceedings are being railroaded at the prodding of Malacañang.

Last Tuesday, the Supreme Court (SC) allowed the House to resume its impeachment proceedings, saying Gutierrez’s right to due process was not denied when the House panel found the complaints against her sufficient in form and substance.

The SC, however, allowed Gutierrez to file a motion for reconsideration of the ruling within 15 days.

The House vote was made even after the SC had warned the House it might violate judicial processes if impeachment proceedings are held before the SC decision becomes final and executory.

The SC ruling effectively overturned its decision last September that prohibited the House from pursuing the impeachment against the Ombudsman.

Gutierrez had questioned the legality of the House impeachment proceedings, citing the constitutional ban of accepting more than one complaint in a year.

Gutierrez is accused of culpable violation of the Constitution and betrayal of public trust.

Gutierrez, on the other hand, said she would avail of her right to file a motion for reconsideration on last week’s SC ruling.

“We have heard from media reports that the Committee on Justice of the House of Representatives has just decided to push through with the impeachment proceedings against the Ombudsman,” Assistant Ombudsman and spokesman Jose de Jesus Jr. said in a statement.

“If true, the Ombudsman would simply like to state that she has 15 days from receipt of the SC decision or until March 5, 2011, within which to file a motion for reconsideration of the latest ruling of the Supreme Court,” he said.

De Jesus said no less than Speaker Feliciano Belmonte Jr. had announced the House impeachment proceedings would be deferred until after a final ruling is rendered on the Ombudsman’s petition.

“We believe that this is the appropriate approach,” he said.

 On the rush

The justice committee led by Iloilo Rep. Niel Tupas Jr. voted to resume the impeachment proceedings even before the high court’s decision becomes final.

Tupas scheduled hearings on March 1 and 2, and on March 8 and 9.

Tupas warned that if Gutierrez will not file a reply to the two complaints filed separately by militant groups Akbayan and Bayan, a “general default” of denial will be entered on her behalf to allow the panel to proceed in determining the grounds for impeachment.

The voting was preceded by intense debates as well as accusations that Tupas deliberately made the announcement that Gutierrez’s case would be tackled by the committee at the last minute to ensure that voting would favor the resumption of impeachment hearings.

Davao del Sur Rep. Marc Douglas Cagas said Tupas misled him in believing that only immigration bills would be discussed by the committee.

Cagas said he had asked Tupas late Monday before the plenary session ended, and later the members of the committee secretariat, on whether the impeachment case would be tackled.

Journalists covering the House also got word Monday night that only pending bills would be heard while the impeachment case against Gutierrez was not among the agenda of the committee.

Cagas said other colleagues were surprised when the committee decided to refer the immigration bills to a technical working group while they took up the impeachment complaints against Gutierrez.

“Why are we rushing this (impeachment hearings)? Is there a personal axe to grind against the Ombudsman by some of the leaders of the committee?” Cagas said.

Cagas said if the complainants are so sure about their evidence against Gutierrez, they could pin down the Ombudsman anytime.

Cagas was joined by Deputy Speaker Pablo Garcia (Cebu), Southern Leyte Rep. Roger Mercado and DIWA party-list Rep. Emmeline Aglipay, who all stressed it would be prudent if the panel follows due process and waits for the final ruling on Gutierrez’s case.

“It is demanded of us that we exercise extreme care. We have to be more careful and studious. This (rushing impeachment) is not anymore the rule of law,” Mercado said.

Fariñas, however, maintained the SC had encroached on the powers of Congress to initiate impeachment proceedings when it ordered a halt in hearing the complaints upon the petition of Gutierrez.

“Respect is a two-way street and the Supreme Court has shown utter disrespect and it was shown that is has been reckless in issuing the status quo ante order,” Fariñas told the committee.

If the committee would wait, Fariñas argued the House would violate the mandate of the Constitution to dispose of impeachment complaints in 60 days.

Garcia, on the other hand, maintained the SC had effectively stopped the clock when it issued the status quo ante order.

Speaker Belmonte, who had long held the position that it would be prudent for the House to wait for the final ruling of the SC, said he was convinced by legal experts from the House and Malacañang last Monday to proceed with the impeachment.

Belmonte said the experts argued that there is actually no legal barrier to push through with the impeachment hearings since the chamber has the exclusive and sole prerogative in initiating impeachment proceedings under the Constitution.

“We had a meeting with our lawyers, including the Solicitor General, last night and the unanimous view is there is no legal impediment to continue, so we decided to continue,” Belmonte said in a text message.

Deputy Speaker Lorenzo Tañada (Quezon), a member of the panel, gave assurance that Gutierrez would be given due process.

“We will definitely ensure that, as much as we will deliver justice speedily, there will be a thorough and fair handling of the entire process,” Tañada said. – With Michael Punongbayan