PHNO-HL:GUTIERREZ READY TO FACE IMPEACHMENT: I WILL FIGHT TO THE END


 



GUTIERREZ READY TO FACE IMPEACHMENT: I WILL FIGHT TO THE END

MANILA, FEBRUARY 25, 2011 (STAR) By Michael Punongbayan – Bracing for a tough impeachment battle, Ombudsman Merceditas Gutierrez vowed yesterday to put up a good fight, saying she has not been remiss in her duty to prosecute corrupt officials.

"I have not done anything wrong," she told ANC's "Headstart" as she claimed a clean record during her 40 years in government service.

"I am willing to face the impeachment trial even if this reaches the Senate. I believe impeachment will not prosper because it is baseless," she said.

"My conscience is clear, I'm willing to finish this process," she stressed.

Gutierrez also rejected calls for her to resign and that she had even told her husband to let her fight her battles alone.

"I think he's worried. I said to him leave me alone, I can handle this," she said adding that "there are forces out to remove me."

She also chided her critics for reportedly making it appear that they are the only ones fighting graft and corruption.

"To my detractors, you are not the only people who love this country and who want to protect the interest of the government," she said.

Gutierrez said the 1986 EDSA people power revolt "reminds me of love of country and that's still with me. I feel more people in the office (of the Ombudsman) still feel that way. Just trust us."

"I hope you understand us. We're doing everything to stop corruption in government," she said. "Don't think we're not doing anything. We're carefully examining evidence presented to us. Don't lose trust in us," she said. "People do not know we have projects, anti-corruption initiatives and we're able to render assistance to the public," she pointed out.

Gutierrez said her perceived closeness to former first gentleman Jose Miguel Arroyo and former President and now Pampanga Rep. Gloria Macapagal-Arroyo might be the reason why she is being attacked.

She maintained her office has not been remiss in its handling of controversial cases "from Mega Pacific to NBN-ZTE to Fertilizer Scam which are all now pending at the SC (Supreme Court)."

People's interest

She also said protecting the interest of the people was her office's main concern when it entered into a plea bargaining agreement with former Armed Forces comptroller Carlos Garcia, who is facing plunder charges.

"We at the Ombudsman have to convince the court with evidence following the rules of court. Evidence to convince the public of someone's guilt is not the same as the evidence to convince the court," she said.

Under the agreement, Garcia will turn over P130 million of the more than P300 million he is accused of plundering in exchange for the dropping of the plunder case and filing of lesser offense of direct bribery against him.

Gutierrez said the plunder case filed against Garcia in 2005 or before her term was flawed because it did not even allege that the accused was a comptroller of the AFP.

"This plea bargain deal is still a recommendation. It's still up to the courts to decide. The plea bargain was the best option to protect the interest of the government," she said.

The SC earlier rejected Gutierrez's petition to stop the impeachment proceedings, but advised House leaders to allow the court to rule with finality before making their next move. The House of Representatives is expected to start impeachment hearings next week.

Gutierrez insisted she still has 15 days from receipt of the ruling or until March 5, 2011 to file a motion for reconsideration with the High Tribunal.

"After receiving the official copy of the Supreme Court decision, I conferred with my lawyers and we decided to file a motion for reconsideration," Gutierrez told ANC.

Cooperate or else

House leaders, meanwhile, said Gutierrez would only hasten her ouster if she continues to refuse to answer the impeachment complaints against her.

Gutierrez asked the House yesterday to observe due process and let the SC make a final ruling on her case, saying proceeding with impeachment hearings would be a violation of the Constitution.

The House justice committee earlier gave her three days to answer the two impeachment complaints against, after the SC dismissed her petition.

"We have to follow our rules. If she doesn't participate, we may finish it (impeachment proceedings) in two hearing days," committee vice chairman Ilocos Norte Rep. Rodolfo Fariñas said.

"We had, are, and will give her every opportunity to present her side before the justice committee within the time we gave her," he said.

He said Gutierrez's failure to show up would be tantamount to waiving her right to reply.

"That (not replying) is her option. Like in criminal procedure, a respondent before the prosecutor can waive her right to preliminary investigation and not submit any counter-affidavits nor witnesses, and just proceed to trial in court," he said.

Fariñas said no hearing would be necessary if the chamber obtains the votes of one-third of the members of the House to file the Articles of Impeachment against Gutierrez.

Deputy Speaker and Quezon Rep. Lorenzo Tañada III said the important thing was the committee gave the Ombudsman a chance to reply.

"As long as we had given her the opportunity to answer, the committee on justice bent over backwards to give her 'due process' and gave her another three days. I still hope she changes her mind," Tañada said. With Paolo Romero

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