Gutierrez denies reinstatement of BOC police chief a midnight deal

Manila, Philippines - Was Customs police chief Jose Yuchongco reinstated?

Former ombudsman Merceditas Gutierrez belied reports yesterday that Yuchongco’s reinstatement was a midnight deal.

On the other hand, Customs Commissioner Angelito Alvarez denied news reports yesterday that he has implemented the order of Gutierrez reinstating Yuchongco.

The camp of Gutierrez debunked allegations that the Office of the Ombudsman’s resolution went against a Court of Appeals (CA) ruling which upheld the anti-graft agency’s earlier decision dismissing the official for grave misconduct and dishonesty.

Gutierrez told The STAR Yuchongco’s case just happened to have been brought to her during her last days in office.

Alvarez said contrary to published reports, Yuchongco has not reported back for duty as Customs police chief despite the reinstatement order of Gutierrez.

As of yesterday afternoon, they were still waiting for confirmation from the Department of Finance, he added.

Citing records, the camp of Gutierrez said that after Yuchongco was ordered dismissed from the service on Feb. 7, 2011, he timely filed a motion for reconsideration on Feb. 22 and March 1 for the administrative and criminal aspects of the case.

For some reason, Yuchongco also filed an appeal before the CA on April 18, 2011, which he later withdrew on April 27, 2011.

It sought to correct an error supposedly committed by the Office of the Ombudsman in finding him guilty of wrongdoing.

On May 10, 2011, the anti-graft agency received a resolution from the CA that the respondent had availed of the wrong mode of appeal.

Gutierrez’s camp said the anti-graft agency had the right to review Yuchongco’s case and eventually reverse a ruling that dismissed him from the service.

The case arose from a complaint of the Department of Finance in 2005 accusing Yuchongco of having unexplained wealth.

In reversing its earlier decision on May 4, 2011, the anti-graft agency said the respondent did not deliberately try to hide his assets which included lottery winnings of more than P3 million.

Lawyer Margarita Gutierrez, the former ombudsman’s daughter, told The STAR it was not a midnight resolution.

“We ask everyone to look into the facts of the case before making any judgment,” she said.

Her mother’s decision was based on the recommendations of graft investigators who made a thorough review of the case, she added.

Gutierrez: I would have rejected my appointment as ombudsman

Merceditas Gutierrez would have rejected her appointment as ombudsman if she had known her fate.

In her first interview since she resigned last week, Gutierrez told The STAR she has no regrets about her decision to resign.

It was the best she could do for her family and for the nation, she added.

Gutierrez said she would have been the only person in history to face off with the Senate, the House of Representatives and Malacañang.

“Has that ever happened before?” she asked.

Gutierrez said she was made to go through the ordeal because of her perceived closeness to former President Gloria Macapagal-Arroyo.

A graduate of the Ateneo de Manila College of Law in 1972, she was the first woman to be appointed ombudsman.

Before she was named ombudsman in December 2005, Gutierrez held several positions in government, starting with legal officer at Malacañang and the Philippine Aerospace Development Corp. in 1983.

She later worked for the National Economic and Development Authority before she joined the Department of Justice, where she rose from state counsel to undersecretary, and then acting secretary, from 2002 and 2004.

Gutierrez said she first worked in government during the Marcos years.

She resigned when martial law was declared, along with her father, then governor of Bataan, as a sign of protest.

She then served under four more presidents until she became ombudsman in December 2005.

Gutierrez said she worked hard as ombudsman despite allegations that she was not effective in fighting graft and corruption in government.

“I went to work everyday like a regular government employee,” she said.

“It’s sad. I miss them (employees), I used to see them everyday, for more than five years.”

Gutierrez lives with her husband and daughter in a low-rise condominium building, where most floors are being rented.

An Ulirang Ina awardee in 1995, Gutierrez said she now spends her time painting watercolor portraits of saints, which she displays in a small prayer room at home.

She is now working on a portrait of St. Thomas Aquinas to add to her Padre Pio and Mother Teresa paintings.

Gutierrez said her great grandfather was a Jesuit, whom Father Joaquin Bernas called a hero, who was made to dig his own grave.

She has a collection of holy figures including an ivory Sto. Niño, which was given to her as a gift by a dear friend three Christmases ago. Gutierrez told The STAR she still wants to do something for her country in whatever way she can.

“I like music,” she said. “I am thinking of helping poor children in our barangay in Samal, Bataan by giving them music education.”

She will do so using what she expects to receive in retirement benefits after working in government for four decades, she added.

Gutierrez said she has no personal wealth to speak of, aside from her husband’s properties and inherited assets, which they are trying to improve using bank loans. – With Evelyn Macairan