Farmers groups file ‘fertilizer scam’ charges vs Merci
May 10, 2011
By INA ALLECO R. SILVERIO
Source: Bulatlat
Former ombudsman Merceditas Gutierrez may have resigned from her post, but by no means is she going to enjoy her new state of unemployment.
On Monday, May 9, leaders of the farmers group Kilusang Magbubukid ng Pilipinas were accompanied by lawyers from Sentro Para sa Tunay na Repormang Agraryo (Sentra) and the National Union of Peoples’ Lawyers (NUPL) as they filed criminal charges against resigned Ombudsman Merceditas Gutierrez at the Department of Justice in connection with the P728-million fertilizer fund scam.
The complainants include Anakpawis Partylist Representative Rafael V. Mariano, the KMP, Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya), Amihan, Unyon ng Manggagawa sa Agrikultura (UMA), Kalipunan ng mga Samahang Magbubukid sa Timog Katagalugan (KASAMA-TK), Alyansa ng mga Magbubukid sa Gitnang Luzon (AMGL), and the NUPL. According to the groups, Gutierrez junked at least 40 reports filed by Task Force Abono, a special probe body the Office of the Ombudsman formed to investigate controversies connected to the fertilizer scam.
The groups are charging Gutierrez for violation of section 3 (e)[1] and (f)[2] of Republic Act 3019 or the Anti-graft and Corrupt Practices Act; for violation of Article 208[3] of the Revised Penal Code or negligence or tolerance in the prosecution of offenses; for violation of Article 183[4] of the Revised Penal Code or perjury in solemn affirmation; and violation of Presidential Decree No. 1829 or Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders.
Obstruction of justice, perjury
NUPL secretary general and lawyer Edre Olalia said Gutierrez should be held liable for violation of the Anti-Graft and Corrupt Practices Act. He said the violations were tantamount to obstruction of justice and perjury in connection with the graft complaint the said farmers’ organizations lodged against Gloria Macapagal-Arroyo on the issue of the fertilizer scam.
“Gutierrez resigned, yes, but it doesn’t mean that she can no longer be held accountable or responsible for how she did not perform her duty to prosecute important corruption cases involving the previous administration under Gloria Macapagal-Arroyo. We cannot allow Gutierrez and officials like her to go unpunished for betraying the public trust. These people must be made to account for their actions. Gutierrez was tasked to go after officials who committed serious acts of corruption, but she sat on the cases involving massive graft and corruption,” he said.
Mariano said that the former ombudsman unfailingly served as the the “main protector” of those who masterminded the malversation of P728 million fertilizer funds in 2004.
“As a willing accomplice in the plunder of farmers’ funds, Gutierrez must be held criminally liable,” he said. He asserted that complaint the farmers groups filed are part of their quest for justice and accountability against the previous regime, and a message to the incumbent administration.
“We want to send a strong political message to President Benigno Aquino III that we are keeping a close eye on his administration. He has so far done nothing to hold the thieves accountable, but the Filipino people are determined to see justice done. The thieves who raided the nation’s coffers cannot be allowed to escape punishment. President Aquino should take a cue from actions such as this filing of criminal charges against Gutierrez and put meat into his words that he is an enemy of the corrupt,” he said.
The origins of the controversy
In 2003, an employee of the Department of Agriculture’s resident ombudsman in Central Mindanao Marlene Esperat filed a graft complaint against then agriculture secretary Arthur Yap, then undersecretary Jocelyn Bolante, and several others in connection with alleged irregularities in a P432-million fertilizer deal.
Two months before the May 2004 presidential election, Macapagal-Arroyo, herself running for election, was accused by several politicians of “virtual vote-buying” by approving the release of P728 million to favored officials to buy farm inputs like fertilizer and pesticide for their constituents, as part of the Ginintuang Masaganang Ani project.
Farmers from Central Luzon and all over Mindanao attested in consequent investigations that they did not receive a single centavo from the fertilizer fund.
As for Esperat who later became a journalist, she was shot dead in her home in Sultan Kudarat on March 24, 2005. Three men were convicted of her murder, but the suspected masterminds—alleged to be officials of the agriculture department office in Central Mindanao —remain at large.
Fertilizer scam paper trail leads to Arroyo
In their 10-page joint complaint-affidavit, the complainants led by KMP secretary-general Danilo Ramos and Pamalakaya chairman Fernando Hicap said that Gutierrez did not act on any of the recommendations of Task Force Abono made in the report it submitted to her office on June 20, 2006. Among the recommendations they made were the filing of criminal complaints against public officials among them Jocelyn “Joc-Joc” Bolante and congressional representatives Nanette Daza, Federico Sandoval, Oscar Gozos and Governor Carmencita Reyes.
In the complaint, the groups said that for Gutierrez not to act promptly on the complaints is inexcusable because (1) a period of more than five (5) years already constitutes inordinate delay in the administration of justice; (2) the reports and evidence gathered by the Task Force Abono, the Senate, and the Commission on Audit finding high-ranking government officials and private individuals culpable have long been submitted and known to Ombudsman Gutierrez as early as during the first quarter of 2006; and (3) the said failure is contrary to the Ombudsman’s duty to give priority to complaints filed against high ranking government officials and/or those occupying supervisory positions and to complaints involving grave offenses and large sums of money.
Ramos said it was apparent from the beginning that Gutierrez was determined to squash the investigations on the fertilizer scam because the paper trail led directly to Malacañang and former president Arroyo.
“Gutierrez had no intention of addressing the corruption charges against high-ranking government officials connected to the fertilizer scam,” he said.
Pamalakaya’s Hicap said that from February to March 2007, Task Force Abono issued subpoena duces tecum to the the Land Bank Department of Agriculture Extension Branch office in Quezon city to provide records of a particular bank account where the money disbursed through checks in the fertilizer fund scam were allegedly deposited. Gutierrez, however, issued a memorandum order stating that all requests or referrals to the Anti-Money Laundering Council (AMLC) for documents, information or bank account examination of subjects of investigation must go through her office first.
According to Hicap, all of Task Force Abono’s reports and findings were not acted upon during the height of the controversy. Instead, Gutierrez took action only on March 11, 2011 when her office issued a joint resolution for the filing of plunder ad other criminal and administrative cases against several government officials involved in the fertilizer fund scam.
“Gutierrez is directly responsible for the failure of Task Force Abono. She moved heaven and earth to protect Arroyo and other corrupt government officials,” he said.
He added that Pamalakaya intends to file criminal and administrative charges against Gutierrez for neglecting and abandoning other cases his group had filed before Office of the Ombudsman under Gutierrez stewardship.
In the meantime, Olalia said that Gutierrez should be held accountable for other cases as well.
“Her inaction even covered cases filed against government officials and state agents involved in human rights violations,” he said. He cited the case of Raymond Manalo, the witness to the abduction of UP students Sherlyn Cadapan and Karen Empeño which remains pending before the the Office of the Ombudsman.
Lawyer Jobert Pahilga of the Sentra Foundation said his clients in KMP are also determined to file plunder charges against Macapagal-Arroyo in the coming days.
“The farmers who were deprived of the fertilizer funds in 2004 want this issue resolved. They want those behind the massive corruption scam prosecuted and the funds that were intended for them to be returned, he said.
KMP’s Ramos also said that farmers want justice to be served for those who were killed [3] and silenced when investigations were conducted by other government agencies regarding the scam involving bogus agricultural inputs. He was referring to to KMP-Panay leader Nilo Arado and KMP-Pampanga leader Ofelia “Nanay Perla” Rodriguez who were abducted and killed, respectively.
Arado was abducted in April 2007 while Rodriguez was shot to death in front of her family in January 2006.
Showing posts with label anti-corruption. Show all posts
Showing posts with label anti-corruption. Show all posts
Wednesday, May 11, 2011
Tuesday, May 10, 2011
Bayan Muna Rep. Casiño dinetalye ang ilang anomalya sa Ombudsman sa ilalim ni Merci Guttierez
NEWS RELEASE – May 10, 2011
Merci resignation
Casiño: Congress should help in filing cases versus Gutierrez, probe defects in Ombudsman procedures
Bayan Muna Rep. Teddy Casiño, in a privilege speech last night, called on the House to help complainants from peoples organizations and farmer’s groups file criminal and administrative charges versus former Ombudsman Merceditas Gutierrez, in particular violation of Sec. 3 of the Anti-Graft and Corrupt Practices Act and Article 208 of the Revised Penal Code, among others; and to exercise its oversight and legislative powers in strengthening the institution in the continuing fight against graft and corruption.
“The resignation of Ombudsman is a victory in our continuing struggle against corruption and the protectors of the corrupt. But Gutierrez resigned to cut her losses as well as the losses of Mrs. Arroyo. Congress should now follow through on this through its legislative and oversight functions as well as support initiatives of our people to hold accountable not only former Ombudsman Gutierrez but the officials she was protecting – including former President Gloria Arroyo. We said it then and we repeat, Ombudsman Gutierrez was impeached for protecting the former President. If she has resigned and is being held accountable for this, what more the former President, who is accountable for graver crimes and anomalies?” Casiño said.
The progressive solon said in his speech that Ombudsman Gutierrez systematically hindered her investigators in Task Force Abono from pursuing leads and effectively sabotaged the fertilizer fund scam investigation and case-build up process.
“The House should conduct an inquiry on how the processes within the Ombudsman have been so re-engineered by Gutierrez to make it vulnerable to delay and corruption. For example, the way cases have been dribbled between the Field Investigation Office (FIO) and the Preliminary, Administrative and Management Office (PAMO). Or the way the Ombudsman has centralized all resolutions and reports to her office, thereby undermining the powers of her deputies. Or how centralizing all requests to the Anti-Money Laundering Council (AMLC) has made it harder for investigators to conduct paper trails of stolen money. The approval of all reports, decisions, and investigations and travel authorization were centralized by Gutierrez. This was done to ensure that no cases in the fertilizer fund scam would be filed,” Casiño said.
“Getting Gutierrez out of the way is one step towards getting corrupt officials accountable. It is high time that we pursue cleaning up and strengthening the institutional processes of the Ombudsman so that all the cases versus Gutierrez and the accountable officials she was protecting can be pursued,” Casiño said. #
Privilege Speech follows.
On the resignation of Ombudsman Merceditas Gutierrez
Privilege Speech delivered by
Rep. Teddy Casiño (Bayan Muna Party List)
May 9, 2011
Mr. Speaker, distinguished colleagues.
I rise to avail of the privilege hour to speak about the resignation of Ombudsman Merceditas Gutierrez.
Last April 29, ten days before the opening of her impeachment trial in the Senate, Ombudsman Merceditas Gutierrez resigned, saying that she did not want the House, the Senate, the Executive and the nation at large to be consumed by her removal from public office. She said she would rather that we focus instead on the impelling problems of our people.
Well, that is exactly what we wanted to do with her impeachment – focus on the impelling problem of corruption and remove the biggest stumbling block to holding the corrupt, former President and her officials accountable for their crimes.
Yun sana ang habol natin sa trial, mailabas ang buong katotohanan tungkol sa kanyang pananagutan sa pagtatakip ng mga kaso ni dating pangulong Gloria Arroyo at kanyang mga opisyal.
Her trial in the Senate would have further exposed her gross, inexcusable delays and inaction on cases involving the former president and her corrupt officials, but her deliberate acts to whitewash and sabotage said cases. Not only that, it would have exposed the accountabilities as well of her patron, the former president.
And so she resigned to cut her losses as well as the losses of Mrs. Arroyo.
Kung natuloy lang ang impeachment trial, siguradong tanggal si Ombudsman Gutierrez sa pwesto at muling masasariwa sa publiko ang napakaraming anomalya ng nagdaang administrasyon.
Isang halimbawa lang ng mga dagdag na ebidensya na nakuha ng ating mga complainants, congressmen-prosecutors, private prosecutors at volunteers ay ang pagsabotahe ni Ombudsman Gutierrez sa kaso ng GMA fertilizer fund scam.
Ayon sa mga insider na kanilang nakausap, ang mismong panel ng mga imbestigador na itinayo ng kanyang Field Investigation Office, ang Task Force Abono, ay tinalian niya ng kamay at kinalaunan ay binuwag. Paano ito ginawa? It would be instructive to see how the Ombudsman undermined her own Task Force Abono.
On Feb. 28, 2006, Task Force Abono convened and started its investigations. Within weeks, in March of 2006, Ombudsman Gutierrez issued a Memorandum Order requiring that all resolutions, decisions, fact-finding reports, investigation reports and/or orders shall be approved by the Ombudsman herself. This became a stumbling bloc to the filing of cases by the assistant ombudsman. Prior to such order, the assistant ombudsman was authorized to approve fact-finding and/or investigation reports for the filing of case/s for preliminary investigation or for administrative adjudication. The approval of the Ombudsman was required only if the recommendation was for the closure of investigation/dismissal of a complaint. Samakatuwid, binago ng Ombudsman ang proseso at tiniyak na walang makakapag-file ng kaso laban sa mga sangkot sa fertilizer fund scam kung hindi dadaan sa kanya. At totoo nga, wala siyang inaprubahang pag-file ng kaso sa loob ng limang taon.
On June 2006, the first of 30 reports of Task Force Abono reached the Ombudsman’s office. It recommended the filing of criminal complaints against Jocelyn Joc-Joc Bolante, several congressmen, LGU officials, and private individuals for violating Article 220 of the Revised Penal Code as well as Sections 3 (e) and (g) of Republic Act 3019. It also recommended administrative cases against incumbent officials and the suspension of said public officials pursuant to Section 24, Republic Act 6770. The Ombudsman subsequently sat on these recommendations.
A month later on July 2006, the second report was submitted to the Ombudsman. It recommended criminal charges for violation of RA 3019 Sec. 3 (e) and (g) against 15 public officials and private persons, including those connected to Feshan Philippines, one of the suppliers of the fake and overpriced liquid fertilizers, for violation of RA 9184 Sec. 65 (b) subparagraph 4. Public officials were likewise recommended to be charged for Dishonesty, Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service and slapped suspension orders. Again, the Ombudsman sat on the case.
Task Force Abono’s investigations continued the following year until April 2007. By this time, the Ombudsman had centralized the approval of all travel authorities and was making it hard for Task Force Abono to travel outside Metro Manila to secure records, documents and reports from different COA Auditors’ Offices in Cebu, Davao and other areas, as well as to secure Sworn Statements of witnesses in the Fertilizer Scam.
When Task Force Abono conducted paper trails on the money disbursed in the Fertilizer Scam and found out that several CHECKS in payment to alleged fertilizer suppliers were deposited to a BANK ACCOUNT maintained at Land Bank, Department of Agriculture Extension Branch, Elliptical Road, Quezon City, the Ombudsman issued a Memorandum Order requiring that ALL request or referral to the Anti-Money Laundering Council (AMLC) for documents, information, or for the conduct of bank account examination of subjects of investigation in the Ombudsman be coursed through the Ombudsman for approval. This effectively thwarted efforts to conduct a more expansive and deeper investigation of the paper trail.
Despite such acts by the Ombudsman, the Task Force persevered. By July 2007, Task Force Abono submitted not less than THIRTY (30) Investigation Reports in the Fertilizer Fund Scam, all recommending the filing of criminal and administrative charges against the concerned public officials and private persons found to have involvement in the scam.
Pero ano po ang ginawa ng Ombudsman sa mga report na ito? Wala.
In fact, rather than support the Task Force in its zeal to prosecute the case, Ombudsman Merceditas Gutierrez transferred one of the co-chairmen of the FIO to the Preliminary, Administrative and Monitoring Office (PAMO), effectively relieving him of his position in the Task Force and putting him in the freezer. This was in August 9, 2007. A week later, on August 16, 2007, The other co-chairman of Task Force Abono was also relieved for no reason and directed to report to his subordinate, a junior officer, the latter being designated as his replacement as the OIC-Director of the Asset Investigation Bureau. This caused the person’s resignation.
The transfer and subsequent relieve of the two co-chairmen effectively disbanded the Task Force Abono and stopped the conduct of the case build-up and gathering of evidences.
Mr. Speaker, my colleagues, kitang-kita dito na hindi lang nagpabaya si Ombudsman Gutierrez kundi aktibong kumilos para talian ang kamay ng mga imbestigador at itigil ang imbestigasyon. For this, she deserves not only impeachment but criminal and administrative charges, in particular Sec. 3 of the Anti-Graft and Corrupt Practices Act and Article 208 of the Revised Penal Code, among others.
It is important to note that in her resignation statement, Ombudsman Gutierrez never acknowledged her shortcomings. Sa kabliktaran, nagyabang pa siya na siya ay isang mahusay na Ombudsman at parang siya pa ang biktima. Hindi pwedeng ganyan na lang, na para bang tayo pa ang may utang na loob sa kanya sa kanyang pagre-resign. Her resignation does not and should not get her off the hook.
Thus, we expect other sectors, particularly the farmers groups and other complainants of the impeachment complaint, to pursue such charges in the courts. We urge the House, specifically the Justice Committee, to extend assistance to such initiatives from our people.
More importantly for the House, I think it is important that we conduct an inquiry, in pursuit of our legislative and oversight powers, on how the processes within the Ombudsman has been so designed to make it vulnerable to delay and corruption. For example, the way cases have been dribbled between the Field Investigation Office and the Preliminary, Administrative and Management Office (PAMO). Or the way the Ombudsman has centralized all resolutions and reports to her office, thereby undermining the powers of her deputies. Or how centralizing all requests to the Anti-Money Laundering Council (AMLAC) has made it harder for investigators to conduct paper trails of stolen money.
Pero yan ho ay sa usapin ng Ombudsman lamang. The more pressing thing now is to hold accountable the person who the Ombudsman was protecting – and that is former President Gloria Arroyo.
Last year, this representation filed a case in the DOJ against the former president on the issue of the NBN-ZTE contract. A group of human rights advocates have filed cases as well for extrajudicial killings and enforced disappearances during her term. A few weeks ago, former solicitor general Frank Chavez filed plunder cases against the former President. Now that Ombudsman Gutierrez has resigned, we expect more cases to be filed. And we expect the new Ombudsman to act on these cases with dispatch.
We said it then and we repeat, Ombudsman Gutierrez was impeached for protecting the former President. If she has resigned and is being held accountable for this, what more the former President, who is accountable for graver crimes and anomalies?
The resignation of Ombudsman is a victory in our continuing struggle against corruption and the protectors of the corrupt. The House should follow through on this through its legislative and oversight functions as well as support initiatives of our people to hold accountable not only former Ombudsman Gutierrez but the people she was protecting.#
Merci resignation
Casiño: Congress should help in filing cases versus Gutierrez, probe defects in Ombudsman procedures
Bayan Muna Rep. Teddy Casiño, in a privilege speech last night, called on the House to help complainants from peoples organizations and farmer’s groups file criminal and administrative charges versus former Ombudsman Merceditas Gutierrez, in particular violation of Sec. 3 of the Anti-Graft and Corrupt Practices Act and Article 208 of the Revised Penal Code, among others; and to exercise its oversight and legislative powers in strengthening the institution in the continuing fight against graft and corruption.
“The resignation of Ombudsman is a victory in our continuing struggle against corruption and the protectors of the corrupt. But Gutierrez resigned to cut her losses as well as the losses of Mrs. Arroyo. Congress should now follow through on this through its legislative and oversight functions as well as support initiatives of our people to hold accountable not only former Ombudsman Gutierrez but the officials she was protecting – including former President Gloria Arroyo. We said it then and we repeat, Ombudsman Gutierrez was impeached for protecting the former President. If she has resigned and is being held accountable for this, what more the former President, who is accountable for graver crimes and anomalies?” Casiño said.
The progressive solon said in his speech that Ombudsman Gutierrez systematically hindered her investigators in Task Force Abono from pursuing leads and effectively sabotaged the fertilizer fund scam investigation and case-build up process.
“The House should conduct an inquiry on how the processes within the Ombudsman have been so re-engineered by Gutierrez to make it vulnerable to delay and corruption. For example, the way cases have been dribbled between the Field Investigation Office (FIO) and the Preliminary, Administrative and Management Office (PAMO). Or the way the Ombudsman has centralized all resolutions and reports to her office, thereby undermining the powers of her deputies. Or how centralizing all requests to the Anti-Money Laundering Council (AMLC) has made it harder for investigators to conduct paper trails of stolen money. The approval of all reports, decisions, and investigations and travel authorization were centralized by Gutierrez. This was done to ensure that no cases in the fertilizer fund scam would be filed,” Casiño said.
“Getting Gutierrez out of the way is one step towards getting corrupt officials accountable. It is high time that we pursue cleaning up and strengthening the institutional processes of the Ombudsman so that all the cases versus Gutierrez and the accountable officials she was protecting can be pursued,” Casiño said. #
Privilege Speech follows.
On the resignation of Ombudsman Merceditas Gutierrez
Privilege Speech delivered by
Rep. Teddy Casiño (Bayan Muna Party List)
May 9, 2011
Mr. Speaker, distinguished colleagues.
I rise to avail of the privilege hour to speak about the resignation of Ombudsman Merceditas Gutierrez.
Last April 29, ten days before the opening of her impeachment trial in the Senate, Ombudsman Merceditas Gutierrez resigned, saying that she did not want the House, the Senate, the Executive and the nation at large to be consumed by her removal from public office. She said she would rather that we focus instead on the impelling problems of our people.
Well, that is exactly what we wanted to do with her impeachment – focus on the impelling problem of corruption and remove the biggest stumbling block to holding the corrupt, former President and her officials accountable for their crimes.
Yun sana ang habol natin sa trial, mailabas ang buong katotohanan tungkol sa kanyang pananagutan sa pagtatakip ng mga kaso ni dating pangulong Gloria Arroyo at kanyang mga opisyal.
Her trial in the Senate would have further exposed her gross, inexcusable delays and inaction on cases involving the former president and her corrupt officials, but her deliberate acts to whitewash and sabotage said cases. Not only that, it would have exposed the accountabilities as well of her patron, the former president.
And so she resigned to cut her losses as well as the losses of Mrs. Arroyo.
Kung natuloy lang ang impeachment trial, siguradong tanggal si Ombudsman Gutierrez sa pwesto at muling masasariwa sa publiko ang napakaraming anomalya ng nagdaang administrasyon.
Isang halimbawa lang ng mga dagdag na ebidensya na nakuha ng ating mga complainants, congressmen-prosecutors, private prosecutors at volunteers ay ang pagsabotahe ni Ombudsman Gutierrez sa kaso ng GMA fertilizer fund scam.
Ayon sa mga insider na kanilang nakausap, ang mismong panel ng mga imbestigador na itinayo ng kanyang Field Investigation Office, ang Task Force Abono, ay tinalian niya ng kamay at kinalaunan ay binuwag. Paano ito ginawa? It would be instructive to see how the Ombudsman undermined her own Task Force Abono.
On Feb. 28, 2006, Task Force Abono convened and started its investigations. Within weeks, in March of 2006, Ombudsman Gutierrez issued a Memorandum Order requiring that all resolutions, decisions, fact-finding reports, investigation reports and/or orders shall be approved by the Ombudsman herself. This became a stumbling bloc to the filing of cases by the assistant ombudsman. Prior to such order, the assistant ombudsman was authorized to approve fact-finding and/or investigation reports for the filing of case/s for preliminary investigation or for administrative adjudication. The approval of the Ombudsman was required only if the recommendation was for the closure of investigation/dismissal of a complaint. Samakatuwid, binago ng Ombudsman ang proseso at tiniyak na walang makakapag-file ng kaso laban sa mga sangkot sa fertilizer fund scam kung hindi dadaan sa kanya. At totoo nga, wala siyang inaprubahang pag-file ng kaso sa loob ng limang taon.
On June 2006, the first of 30 reports of Task Force Abono reached the Ombudsman’s office. It recommended the filing of criminal complaints against Jocelyn Joc-Joc Bolante, several congressmen, LGU officials, and private individuals for violating Article 220 of the Revised Penal Code as well as Sections 3 (e) and (g) of Republic Act 3019. It also recommended administrative cases against incumbent officials and the suspension of said public officials pursuant to Section 24, Republic Act 6770. The Ombudsman subsequently sat on these recommendations.
A month later on July 2006, the second report was submitted to the Ombudsman. It recommended criminal charges for violation of RA 3019 Sec. 3 (e) and (g) against 15 public officials and private persons, including those connected to Feshan Philippines, one of the suppliers of the fake and overpriced liquid fertilizers, for violation of RA 9184 Sec. 65 (b) subparagraph 4. Public officials were likewise recommended to be charged for Dishonesty, Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service and slapped suspension orders. Again, the Ombudsman sat on the case.
Task Force Abono’s investigations continued the following year until April 2007. By this time, the Ombudsman had centralized the approval of all travel authorities and was making it hard for Task Force Abono to travel outside Metro Manila to secure records, documents and reports from different COA Auditors’ Offices in Cebu, Davao and other areas, as well as to secure Sworn Statements of witnesses in the Fertilizer Scam.
When Task Force Abono conducted paper trails on the money disbursed in the Fertilizer Scam and found out that several CHECKS in payment to alleged fertilizer suppliers were deposited to a BANK ACCOUNT maintained at Land Bank, Department of Agriculture Extension Branch, Elliptical Road, Quezon City, the Ombudsman issued a Memorandum Order requiring that ALL request or referral to the Anti-Money Laundering Council (AMLC) for documents, information, or for the conduct of bank account examination of subjects of investigation in the Ombudsman be coursed through the Ombudsman for approval. This effectively thwarted efforts to conduct a more expansive and deeper investigation of the paper trail.
Despite such acts by the Ombudsman, the Task Force persevered. By July 2007, Task Force Abono submitted not less than THIRTY (30) Investigation Reports in the Fertilizer Fund Scam, all recommending the filing of criminal and administrative charges against the concerned public officials and private persons found to have involvement in the scam.
Pero ano po ang ginawa ng Ombudsman sa mga report na ito? Wala.
In fact, rather than support the Task Force in its zeal to prosecute the case, Ombudsman Merceditas Gutierrez transferred one of the co-chairmen of the FIO to the Preliminary, Administrative and Monitoring Office (PAMO), effectively relieving him of his position in the Task Force and putting him in the freezer. This was in August 9, 2007. A week later, on August 16, 2007, The other co-chairman of Task Force Abono was also relieved for no reason and directed to report to his subordinate, a junior officer, the latter being designated as his replacement as the OIC-Director of the Asset Investigation Bureau. This caused the person’s resignation.
The transfer and subsequent relieve of the two co-chairmen effectively disbanded the Task Force Abono and stopped the conduct of the case build-up and gathering of evidences.
Mr. Speaker, my colleagues, kitang-kita dito na hindi lang nagpabaya si Ombudsman Gutierrez kundi aktibong kumilos para talian ang kamay ng mga imbestigador at itigil ang imbestigasyon. For this, she deserves not only impeachment but criminal and administrative charges, in particular Sec. 3 of the Anti-Graft and Corrupt Practices Act and Article 208 of the Revised Penal Code, among others.
It is important to note that in her resignation statement, Ombudsman Gutierrez never acknowledged her shortcomings. Sa kabliktaran, nagyabang pa siya na siya ay isang mahusay na Ombudsman at parang siya pa ang biktima. Hindi pwedeng ganyan na lang, na para bang tayo pa ang may utang na loob sa kanya sa kanyang pagre-resign. Her resignation does not and should not get her off the hook.
Thus, we expect other sectors, particularly the farmers groups and other complainants of the impeachment complaint, to pursue such charges in the courts. We urge the House, specifically the Justice Committee, to extend assistance to such initiatives from our people.
More importantly for the House, I think it is important that we conduct an inquiry, in pursuit of our legislative and oversight powers, on how the processes within the Ombudsman has been so designed to make it vulnerable to delay and corruption. For example, the way cases have been dribbled between the Field Investigation Office and the Preliminary, Administrative and Management Office (PAMO). Or the way the Ombudsman has centralized all resolutions and reports to her office, thereby undermining the powers of her deputies. Or how centralizing all requests to the Anti-Money Laundering Council (AMLAC) has made it harder for investigators to conduct paper trails of stolen money.
Pero yan ho ay sa usapin ng Ombudsman lamang. The more pressing thing now is to hold accountable the person who the Ombudsman was protecting – and that is former President Gloria Arroyo.
Last year, this representation filed a case in the DOJ against the former president on the issue of the NBN-ZTE contract. A group of human rights advocates have filed cases as well for extrajudicial killings and enforced disappearances during her term. A few weeks ago, former solicitor general Frank Chavez filed plunder cases against the former President. Now that Ombudsman Gutierrez has resigned, we expect more cases to be filed. And we expect the new Ombudsman to act on these cases with dispatch.
We said it then and we repeat, Ombudsman Gutierrez was impeached for protecting the former President. If she has resigned and is being held accountable for this, what more the former President, who is accountable for graver crimes and anomalies?
The resignation of Ombudsman is a victory in our continuing struggle against corruption and the protectors of the corrupt. The House should follow through on this through its legislative and oversight functions as well as support initiatives of our people to hold accountable not only former Ombudsman Gutierrez but the people she was protecting.#
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