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Tuesday, February 19, 2008
Gutierrez inhibits self from Ombud probe on NBN mess
MANILA -- Ombudsman Merceditas Gutierrez has inhibited herself Monday from the various cases, which her office is hearing in relation to the US$329 million National Broadband Network (NBN) deal with China firm ZTE Corp.
Gutierrez's move came even as lawyers criticized the Office of the Ombudsman for apparently sitting on the charges.
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Gutierrez announced her recusal prior to the start of the preliminary investigation on the nine consolidated cases relating to the NBN controversy.
The investigation was attended by some of the complainants as well as some of the respondents including former Commission on Elections (Comelec) chairman Benjamin Abalos Sr. and businessman Jose "Joey" de Venecia III.
"I thank those who believe that I am credible and impartial. I also thank those who believe I should be given a chance. And to those who think otherwise, I understand. I inhibit," Gutierrez said.
She said she was inhibiting because there should be "no room for doubt" over the conduct of the investigation and the eventual resolution of the cases.
Gutierrez said as a public servant for more than 30 years, she has always maintained her impartiality and independence and that her decisions have always been based on evidence, law, and jurisprudence. "I never decide cases based on personalities," she said.
The Ombudsman's action was however dismissed by the Freedom from Debt Coalition (FDC), calling it "too late."
"Though we welcome Ombudsman Gutierrez's decision to inhibit herself from the investigation, the Office of the Ombudsman remains morally weak-lacking the needed integrity to search for truth and accountability," the FDC through its secretary general, Milo Tanhuling, said in a statement.
"The people are not gullible. Just because Gutierrez defaulted from the case, it does not automatically mean this institution can provide us with genuine justice and political clarity. Its long history of inaction and of being fence sitters amid rampant graft and corruption is phenomenal," Tanchuling said.
The FDC, whose some members picketed outside the office of the anti-graft body while it was conducting the probe, said Gutierrez's recusal was "an act of hypocrisy to save an irredeemably corrupt and inept institution" but will never salvage its reputation as a "venue of Malacañang's spin masters to whitewash cases of anomalies and corruption involving President Gloria Macapagal-Arroyo and her family."
During the hearing, Overall Deputy Ombudsman Orlando Casimiro said they have decided to consolidate all the cases in order to resolve all the issues relating to the aborted ZTE contract once and for all.
He assured that the panel, which he heads, would resolve the case with fairness and dispatch.
The consolidated case was against President Arroyo, her spouse First Gentleman Jose Miguel "Mike" Arroyo, Abalos, Commission on Higher Education chairman Romulo Neri, some officials of the Department of Transportation and Communication (DOTC) headed by Secretary Leandro Mendoza, former House Speaker Jose de Venecia Jr. and his son Joey, and ZTE officials.
Harry Roque, lawyer for the group of former Vice President Teofisto Guingona Jr., questioned why the Ombudsman did not summon President Arroyo, considering that she was among those named in the complaint.
He said the anti-graft body should subpoena Mrs. Arroyo in order to be notified of the charges, adding that the President could not invoke presidential immunity considering that the proceedings were still for investigation and not for the initiation of an impeachment complaint against her.
Roque's manifestation was only noted by the panel.
Akbayan party-list Representative Ana Theresia Hontiveros-Baraquel meanwhile scored the Ombudsman for not acting on her separate complaint against Abalos, which she had filed as early as October 9, 2007.
Through her lawyer, Ibarra Gutierrez III, Baraquel got more incensed after finding out that the former Comelec chairman is still to receive his copy of the complaint at the end of Monday's proceedings.
Gutierrez said the anti-graft body may have violated its own rules mandating that it should act with dispatch by providing any respondent with a copy of the complaint within 10 days after its receipt.
Again, Casimiro "noted" the concern.
Lawyer Ernesto Francisco was even more critical of the Ombudsman, even asking it whether it can really resolve the case within a considerable period of time.
Francisco, who filed his complaint against the First Gentleman and Abalos in September last year, scored the body for its failure to secure necessary documents from the Senate as he had asked five months ago.
"You have five months to conduct an honest to goodness fact-finding and yet you failed. Your failure to secure the Senate transcript raises doubts whether you can really investigate and file cases," he told the panel.
Francisco said the transcript was very material because its absence can mean an easy dismissal of the complaint.
Casimiro still just noted the observation.
The panel set the continuation of the investigation on March 4. (EP/Sunnex)
For more Philippine news, visit Sun.Star Cebu. (February 19, 2008 issue)
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