The Philippine Ombudsman Merceditas Gutierrez was impeached by the House of Representatives on charges of the office's alleged underperformance and failure to act on several cases during the presidency of Gloria Macapagal Arroyo.
While the first impeachment complaint against her was filed in 2009, it was dismissed later in that year in a 14th Congress dominated by Arroyo's Lakas Kampi CMD party.
In 2010, with the election of Benigno Aquino III of the Liberal Party as president and the concurrent elections to the House of Representatives and the subsequent political realignment, two impeachment cases against her were voted as sufficient in form, substance and grounds, and the House of Representatives Committee on Justice had found probable cause on alleged betrayal of public trust as based on the two complaints.
The following acts are considered as impeachable offenses: culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, and betrayal of public trust.
[1] In 2005, Merceditas Gutierrez was appointed by President Gloria Macapagal Arroyo as ombudsman, succeeding outgoing Simeon Marcelo who had resigned.
In 2009, a group of civil society personalities led by former Senate President Jovito Salonga filed an impeachment case against Gutierrez on March 2.
The complaint, referred to the Committee on Justice headed by Arroyo's partymate at Lakas Kampi CMD Matias Defensor, Jr. of Quezon City, cited these issues:[2] On November 18, the House Committee on Justice dismissed the case; while deeming the complaint "sufficient in form," it was deemed as not "sufficient in substance."
These two complaints were referred to the Committee on Justice which is now chaired by Iloilo's 5th district representative Niel Tupas, Jr. of President Aquino's Liberal Party at August 22.
The minority bloc tried to delay the vote by objecting the approval of the minutes, and denying that they were supplied with copies of the complaints, even if their staff had earlier stated that they had received them.
The move was seen to benefit Gutierrez, and former president and now Pampanga 2nd district representative Arroyo;[13] Five months later on February 15, 2011, the Supreme Court dismissed their status quo ante order, "thereby effectively allowing the House committee on justice to proceed with the impeachment," said court spokesman Midas Marquez.
[17] A day before the committee (February 28) met to decide if the two complaints are sufficient in grounds, Gutierrez filed before the Supreme Court a motion for reconsideration.
[18] At the hearing, Alagad party-list representative Rodante Marcoleta questioned if the committee should wait for the court's decision on Gutierrez's motion for reconsideration.
After the minutes of the previous meeting was approved, Nacionalista Party member Marc Douglas Cagas IV from Davao del Sur's 1st district motioned to reconsider the approval of the minutes, which was denied by vice chairperson Rodolfo Fariñas (Nacionalista, Ilocos Norte–1st) since Cagas was absent at the previous meeting.
[19] The day before the hearing for the determination of probable cause, the Liberal Party members of the House of Representatives adapted a position to support the impeachment proceedings at a meeting where President Aquino attended.
On her reply, she stated that "She cannot produce documents because this would render, according to her, moot and academic the issues raised in the motion for reconsideration with the Supreme Court," said Tupas, quoting Gutierrez.
Meanwhile, the executive department denied that President Aquino "gave marching orders" to Liberal Party members of the House of Representatives, and that the separation of powers was not violated.
[30] Meanwhile, Tupas disclosed that a "high-ranking officer" of the Iglesia ni Cristo had been calling representatives to kill the impeachment complaint, or don't show up at the vote.
[32] After the sponsorship speeches, Representatives Lagman, Suarez, Marcoleta, Carlos M. Padilla, Syjuco, Albano, Mitos Magsaysay and Cagas served as interpellators.
Gutierrez lambasted her impeachment, calling the decision "flimsy" and "lamentable," saying that she did not receive fair treatment and that she is prepared to face the Senate, and blaming "dark" politics with the Justice Committee's undue haste on the proceedings.
[37] The House of Representatives was having a difficult time on naming other members of the prosecution, with Magtanggol Gunigundo I (Lakas-Kampi, Valenzuela–2nd) being added; Elpidio Barzaga (NUP, Dasmariñas (Cavite–4th)) was reportedly considered but his links to Arroyo was seen to be too strong.