No mercy for Mercy

PerryScope
by Perry Diaz

For the second time in little over a year, Ombudsman Merceditas “Mercy” Gutierrez will soon be facing impeachment charges against her in the House of Representatives when the 15th Congress opens on July 26, 2010. But this time around, with her protector — former president and congresswoman Gloria Macapagal Arroyo — no longer in power, Gutierrez will be dealing with a House dominated by a coalition allied with president Benigno “Noynoy” Aquino III.

Last week, in an attempt to defend herself, Gutierrez held a press conference where she defiantly declared: “There are no grounds for me to be impeached.” However, she meekly added that she’ll leave her fate to Congress. It was a different tone from what she said in response to the first impeachment complaint against her in March 2009 where she arrogantly said, “I have my mandate, I have my term and I believe this is my duty, my service to our countrymen.” With “my” repeated four times in one sentence, one wonders if she really cared much about what her “mandate” was all about.

What prompted her outburst then was the filing of an impeachment complaint against her before the House of Representatives by 31 civil society leaders led by former Senate President Jovito Salonga. The group — called “Kilosbayan” (people’s action) — said that the Office of the Ombudsman was synonymous to inaction, mishandling or downright dismissal of clear cases of graft and corruption, many of which involved Gloria herself or her closest associates.

What made the impeachment complaint extraordinarily unusual is that Gutierrez, as the Ombudsman, is the“Tanodbayan” — literally, the “Protector of the People” — who is duty-bound to prosecute corrupt public officials who use their positions to enrich themselves. That’s her mandate. If she failed to perform her mandate, then she would be derelict of her constitutional duty to “protect the people.” That would be tantamount to “betrayal of public trust,” an impeachable offense.

Appointed to a seven-year term of office by President Gloria Macapagal Arroyo on December 1, 2005, the constitution stipulates that the Ombudsman can only be removed from office “on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.”

Prior to her appointment as Ombudsman, Gutierrez was appointed by Gloria as Chief Presidential Legal Counsel and Chairman of the Presidential Anti-Graft Commission — or Anti-Corruption Czar — in December 2004. Her two concurrent appointments made her one of the most powerful officials in the Arroyo administration.

But it was during Gutierrez’s “czarist” days that corruption dramatically increased. In 2004, before she became the Anti-Corruption Czar, the Philippines was the fifth most corrupt country in Asia. In 2005, during her first “czarist” year, the Philippines became the third most corrupt country in Asia. In 2006, during her first year as Ombudsman, the country moved up to second place. In 2007 and 2008, the country became the most corrupt country in Asia.

The basis for the first impeachment complaint against Gutierrez involved at least five cases of corruption in high places which Gutierrez allegedly failed to investigate or prosecute. They are the P1.3-billion Mega Pacific poll computerization case against former Comelec Chairman Benjamin Abalos, the $2-million extortion case against former Justice Secretary Hernando Perez, the P728-million fertilizer scam scandal involving Joc-joc Bolante, the P6.9-million case involving the “euro generals,” and the rigged bidding of multi-billion World Bank-funded projects in which the First Gentleman was implicated.

When Gutierrez took office, she declared, “I will be merciless to the grafters… no one can bribe me!” But within eight months, “Mercy,” as she is affectionately called by her friends and associates, was accused of being too merciful to influential people suspected of graft and corruption. On July 31, 2006, the Malayaeditorial said: “The Office of the Ombudsman has become a joke after Merceditas Gutierrez, a classmate of Mike Arroyo, succeeded Simeon Marcelo. How many big-time corruption cases have been sleeping the sleep of the dead on the desk of Gutierrez?”

The Malaya editorial outlined several “sleeping” cases, to wit:

(1) The case against former Justice Secretary Hernani Perez who allegedly received millions as payoff for awarding a sovereign guarantee to an Argentine company. It was reported that the Swiss government provided information to the Philippine government on deposits made to bank accounts of Perez and his wife.

(2) The case against Comelec officials over the election modernization scam was completed by Gutierrez’ office. However, the findings of investigators were overturned by Gutierrez, leaving only Resurreccion Borra among the commissioners to face the music.

(3) On the fertilizer fund scam, Gutierrez failed to take action despite the massive volume of testimonial and documentary evidence transmitted by the Senate committee on agriculture and the Blue Ribbon committee.

Indeed, the impeachment complaint filed in 2009 by Kilosbayan mirrored the three “sleeping” cases exposed by Malaya four years ago and the two scandals involving the “euro generals” and the rigged bidding of World Bank-funded projects.

Although Gloria had publicly distanced herself from the impeachment complaint against her three-time appointee and friend of her husband, many believed that Gloria pressured — or bribed — most of those who signed the impeachment petition to withdraw their signatures. As a result only 30 congressmen’s signatures remained on the petition which was not enough to meet the one-third minimum requirement for an impeachment complaint to progress.

But with Gloria no longer around to protect her, it is very likely that this time around Gutierrez would not beat an impeachment. Noynoy’s campaign slogan, “Kung walang corrupt, walang mahirap” (No corruption, no poverty), resonated well with the people. The people took it hook, line, and sinker and gave him the highest electoral mandate since the end of the Marcos era. And with an 88% trust rating prior to his inauguration, Noynoy must make good on his promise and give full support to the impeachment complaint against Gutierrez. Otherwise, his crusade against corruption and poverty would be stymied… and fail.

Gutierrez is like a cork that plugs a bottle. Unless the cork is removed, the content of the bottle will not flow out. Similarly, for as long as Mercy Gutierrez remains as the Ombudsman, corruption cases will be bottled up and justice will not be served.

The time has come for Congress to show no mercy for Mercy.

(PerryDiaz@gmail.com)