(I did this story for VERA Files. It has been released to all media outlets.)
A highly reliable source said President Benigno Aquino III agreed to the two conditions Gutierrez set in exchange for her resignation. One, she would get her full retirement benefits. Two, government would not file charges against her.
The deal, however, does not preclude private individuals from filing cases against the former Ombudsman, who had also served as acting justice secretary during the Arroyo administration, the source said.
Presidential Spokesperson Edwin Lacierda denied that any deal was forged with Gutierrez. “There was no deal,” he said.
Lacierda added that Gutierrez might have “seen the writing on the wall, as evidenced by the overwhelming votes in the House of Representatives to impeach her.”
Appointed Ombudsman in December 2005, Gutierrez’s term of office was supposed to end in December 2012. Her resignation took effect on May 6.
The Judicial and Bar Council is expected to finalize Monday the shortlist of candidates to replace Gutierrez. Among the 26 nominated are recently retired Supreme Court Associate Justice Conchita Carpio-Morales and lawyers Jose Manuel Diokno and Ernesto Francisco.
Ironically, it was another deal that led, first to calls for Gutierrez’s impeachment, and then her resignation. As Ombudsman, she approved a plea bargain agreement in which former Armed Forces of the Philippines comptroller Carlos Garcia surrendered some of his unexplained assets in exchange for the dismissal of plunder charges against him.
On March 22, the House of Representatives approved—by a vote of 210 to 47, with four abstentions—House Resolution 1089 calling for Gutierrez’s impeachment. Seven cases were submitted as bases for the charge of betrayal of public trust. These include her failure to act on the P728 million fertilizer fund scam and to file appropriate cases against ranking Philippine National Police officials caught in Moscow carrying large sums of euros not declared with the Philippine Bureau of Customs.
The resolution also accused Gutierrez of violating her constitutional mandate when she absolved officials of the Commission on Election in the anomalous Mega Pacific deal, former First Gentleman Jose Miguel Arroyo in the suit over the $328 million national broadband project with the Chinese firm ZTE, and Philippine Navy officials implicated in the death of Ensign Philip Pestaño. Had she not resigned, the impeachment trial at the Senate would have started May 9, 2011.
Crusading anti-graft lawyer and former solicitor general Frank Chavez, who had declined the nomination for Ombudsman, said the agreement Gutierrez struck with the Aquino administration in exchange for her resignation “doesn’t sit well in the order of things.”
Even if Malacañang’s commitment doesn’t prevent him and other individuals from filing cases against Gutierrez, it is still “prejudgment” and “wraps her with a mantle of immunity, ” he said.
Chavez asked, “What if someone files a case against her for betrayal of public trust or violations of the penal code and she is convicted?”
A conviction, he said, would carry the punishment of a ban from holding public office and forfeiture of her retirement benefits.
“This smacks of a backroom kitchen recipe,” the former solicitor general said.
The source who revealed the deal to VERA Files said immediately after the House of Representatives voted for to impeach her, Gutierrez called an Aquino government official asking for advice. “Ano ba ang gagawin ko (What am I going to do)?” she said.
The source said the Aquino government official had dealt with Gutierrez a number of times during the nine-year Arroyo administration.
The source said the official advised her to resign. “Wala kang panalo diyan (You are not going to win).”
The source said there was no immediate reaction from Gutierrez. A few weeks later, at a reception, the official met a banker who is a close friend of Gutierrez. The banker agreed to arrange a meeting between Gutierrez and the official, which took place in a condominium unit in Ortigas a few days later.
In the meeting, the official appealed to Gutierrez’s sense of patriotism by sparing the country the trauma that an impeachment trial would create on the public. “He (the official) sensed that Gutierrez was torn,” the source said, adding that there were those close to former President Gloria Arroyo telling Gutierrez she had a chance of being acquitted at the Senate.
The source said Gutierrez did not make any commitment in that meeting but mentioned the two conditions, which were relayed to Malacañang.
In the morning of April 29, Gutierrez met with President Aquino in Malacañang and tendered her resignation, effective May 6.
In her resignation statement, Gutierrez acknowledged that the President deserved an Ombudsman who had his complete trust and confidence.
“To carry on my battle to cleanse my name before the Senate would detract from the time which could otherwise be devoted to legislative work which would address the needs of millions of Filipino people,” she said.
She expressed the hope that with her resignation, “we can now all focus on the impelling problems of our people rather than expending so much time, effort and resources to remove me from public office.”
The source said Gutierrez was assured the government would not initiate any suit against her. “Hindi gagalaw (It won’t move).”
After his meeting with Gutierrez, Aquino issued a four-paragraph statement announcing her resignation, thanking the House of Representatives and instructing the JBC to start the search for a new Ombudsman.
“Her action has spared the country from a long and divisive impeachment process that would have distracted our lawmakers from dealing with the many problems we face today,” Aquino said.
He added that with a new Ombudsman, “we can now proceed more decisively in making government officials more accountable to their bosses, the Filipino people.”
Sen. Francis Escudero, member of the JBC in his capacity as chair of the Senate Committee on Justice and Human Rights, said the President has until Aug. 4, 90 days after the vacancy occurred, to choose the new Ombudsman.
(VERA Files is put out by veteran journalists taking a deeper look at current issues. Vera is Latin for “true.”)
Everything “negatives”, as results of the “arrested impeachment” were a furnaced of Filipino-style-Lawyering ( Utakan, not Justice for the whole country’s benefit ). Good for the “privileges” not for the the “real Justice ” of Juan de la Cruz. Maybe a Jury System of justice will do. The justice for All !.
Rudolfo, sa isang bansa na nabibili lahat pati dangal ng tao, di uubra ang jury system.Mangyayari niyan, yung may mga goons, tatakutin lang ang juror o babayaran, ayos na.
Looks like Pnoy got the shorter end on the stick. Kasi itong si Chedeng ang isa sa mga galamay ni pandak. Kung may immunity siya sa mga lawsuits, hindi kumpleto ang hustisyang makukuha natin sa kalabisang pinagdaanan natin kay pandak. Masahol pa sa “toothless” commission ang labas.
I don’t know if the Jury system will work or not as suggested by Rudolfo @ 1…Most or our cases here in the Province of Ontario are tried by Trial Judge without the Jury…Cases that are punishable to a certain number of years the accused has a choice for the Trial preferred…by Trial Judge or by Judge and Jury…and summary cases are mostly tried by Trial Judges and there seems no controversy as to which is preferable…Serious Criminal Offenses like murder are tried by Judge and Jury…I believe it is a matter of truly Independent and Impartial Judiciary with the Security of Tenure and Renumeration that give it the Integrity and the Trust that every judicial system deserves..without the Political interference, influence and most importantly let the rule of law prevail…Just got a notice of going thru a red light caught by the “red light Camera” with a whopping fine of $325 and not even aware of the violation…but there were pictures of me, driving my car through the red light at early in the morning looking for breakfast…went to court but the Judge said he can only reduce the fine as not being aware could someday led to a very serious collision..deducted $50 bucks…not worth my hours waiting in court.
Ellen,
Disgusting… and I thought this government promised not to condone corruption.
Despciable. No moral courage, no sense of values, no sense of honour. Breach of public trust!
Yes, it does seem like an unfair deal. But I see it as a win for Aquino and the public.
He had two choices here. Go after Gloria, Mike and the other major plunderers..including a possible case against Merciditas. Or let Merciditas get off without a charge so that he gets to have his new Ombudsman and get the real bigger plunderers sooner.
So now the urgent task at hand is to appoint the new Ombudsman. But why is it taking so long again? They don’t have to use up the whole 90 days allocated to find and appoint the new Ombudsman. The JBC should also move fast on this one. Don’t tell me the JBC is going to be the next obstacle to Aquino?!
The report says charges can still be filed against Gutierrez by a private person but the case won’t be allowed to move. All of these maneuvers I believe is part of real politics and governance.
It’s similar to the case of whistle blowers and such-type witnesses. Such trade-offs are par for the course. Sacrifice a little something to net something bigger.
Nakakadismaya, isa na namang malaking isda ang nakawala sa tulong pa ng gobyerno. Asan na ang matuwid na daan?
Chiz Escudero, Iloilo Cong. Tupaz and Leila De Lima did not attend any of the JBC interviews for applicants to the Ombudsman.
Tsk tsk tsk. They wasted the opportunity to grill applicants especially Acting Ombudsman Casimiro who claims to have disposed of 4,500 cases, whoa! Again, 4,500 cases in one month after Merci’s resignation. These cases were previously in deep slumber under Gutierrez. Casimiro was OIC everytime Gutierrez went abroad. How can he decide cases now when he cannot back then?
What are these cases? Anything from the greedy group? The Pidal Mafia? Gloria herself?
More here.
NEWS ALERT:
JBC shortlist for Ombudsman are Carpio-Morales (5 votes); Armamento (5 votes); Mosquera; (5 votes); Toquero (5 votes)
Looks like Carpio-Morales is it.
I hope it’s Carpio Morales. One faction in The Aquino government is against Carpio-Morales because she is known to be close to The Firm. Nonong Cruz, especially, who is one of the advisers of Mar Roxas.
It’s the Balay(Mar)-Samar(Binay) conflict at play once again. Which Malacanang, of course,denies.
They put up straw men, so that Carpio-Morales would easily best them.
Say goodbye to any reopening of the IMPSA deal, which was commenced by an unsolicited opinion by cousin Antonio Carpio to the NAPOCOR.
Say goodbye, as well, to the investigation of the first half of the Glue’s term, when the Firm was not yet infirm.
Anna at # 6:
And one of the reasons to impeach the Ombuds is her Deal making in particular the Plea Bargain with the Plundering General Garcia and here we are, dealing with the “devil”
herself. Just going in Circle, isn’t it?
And what about this expected new Ombudsman belonging to a Faction of which against which? Is the Ombudsman not belonging to the side of the People against the Bad Guys in Government Service and Public Officials? Five years more to go will be enough to initiate reforms yet too short to deal with the same shenanigans.
Will the Children of today will be asking the same Question after the Aquino’s Term…”are we there yet”?
Ellen,
I’m wondering what charges can be filed against Merceditas now that she has resigned.
Frank Chavez said she can be charged for betrayal of public trust in cases that she mishandled or purposely sat on and violations of the penal code. Charges will have to be with the prosecutors office.
SnV, am I right?
# 17
There is no such crime in the Revised Penal Code.
There is no mention of betrayal of public trust in RA 3019 either.
The closest is the following:
But those acts were done “in connection” with her office, so that is still cognizable by the Ombudsman, not the DOJ.
No, I didn’t mean betrayal of public trust under the Revised Penal Code.
I mean aside from betrayal of public trust, she could be sued fof offenses/crimes under the Revised Penal Code.
SnV, she is now a private citizen. In case an individual files charges against her, would it still be before the Ombudsman? Isn’t the Ombudsman only for public officials?
The acts were committed when Gutierrez was in office. That characterizes the charges – acts of an official.
Thanks.
so kung gusto pala nating pananagutin si Gutierez, hindi si Casimiro ang dapat maging kapalit nya… dating amo eh..
pero eto si Casimiro, pakitang gilas:
http://www.gmanews.tv/story/225230/nation/ombudsman-orders-dismissal-of-pichay-for-lwua-fund-misuse
http://www.gmanews.tv/story/225228/nation/ombudsman-orders-probe-of-arroyo-over-fertilizer-scam
••• Your comment is awaiting moderation •••
ayaw ata ng may link, kaya add www. na lang sa baba
so kung gusto pala nating pananagutin si Gutierez, hindi si Casimiro ang dapat maging kapalit nya… dating amo eh..
pero eto si Casimiro, pakitang gilas:
gmanews.tv/story/225230/nation/ombudsman-orders-dismissal-of-pichay-for-lwua-fund-misuse
gmanews.tv/story/225228/nation/ombudsman-orders-probe-of-arroyo-over-fertilizer-scam
Almost everyone jumped for joy when Merci resigned. It was considered as one significant achievement of Noynoy. Ang galing nga naman, nagiba niya ang pader na defender ni Gloria. Sabi nga ng kaniyang mga loyalist, he is soooo good, honest and straight.
Kaya lang, walang maitatagong maalingasaw na amoy na hindi sisingaw. Nakuha lang pala sa wheeling and dealing. It seems Noynoy has no patience and has no balls to go the long and tedious way to convict “criminals” rather prefer the short-cut way to register pogi points even if it allows the “criminal” to go scot-free. Now, where do goodness, honesty and straight path come into the picture? Wala na, parang daang paakyat na sa Baguio.
The reason given for the deal was to avoid divisiveness. That’s BS. When you’re aiming for an honest and “matuwid na daan” governance, nothing is sacred and the approach is to take no prisoners. Wala kang sasantuhin at walang “deal-deal”. Just apply the rule of law no matter get hurts. Iyan ang matuwid na daan.
And so Merci can just go scot-free for all her sins against the government. Her deal with Noynoy almost gave her immunity. And we will not even be surprised if Gloria and company will not go to jail and get the same deal as Merci.
There’s already a precedent.
florry,
welcome to the real world!
i wonder what the better option would have been to get rid of Gutierez?
Jug, short of pushing her off a building I can’t think of a better option.
“welcome to the real world!” – Jug
Thanks for welcoming me to the real world of Noynoy. Now I can see clearly that it’s stinking, dirty and not as clean and straight as he claims to be By welcoming me it’s an admittance that your idol Noynoy is just as trapo as the others and all about his being honest, about his matuwid na daan, walang corrupt walang mahirap are all bullshit.
“i wonder what the better option would have been to get rid of Gutierez?” – Jug
Jug, never heard of the process called impeachment?
That’s not only better but the best and the only legal process to remove an erring constitutional official from office. Wheeling and dealing is never an option if you are to reform a government and walk the straight path. To enter into that kind of agreement is setting free a “criminal” that should be serving time inside a prison cell.
And by the way, that is also corruption, which your idol vowed to eradicate.
florry,
again, welcome to the real world! as you still don’t get it, it seems.
Kaya pala coast to coast ang ngisi ni Merci sa picture, dahil nautakan niya si Noy.
At si Noy medyo tipid kasi alam niyang nautakan siya ni Merci.
Ang labas mas may utak at mas mautak talaga si Merci kay Noynoy.
Jug, never heard of the process called impeachment?
————————-
ayan ka na naman, akala mo mas mautak ka pa kaysa mga abogado, politoko, etc, etc, na nasa poder ngayon, talaga naman…
naisip na nila yan, lahat ng possible scenarios, pros and cons, and then a decision had to be made.
of course you’re entitled to your own opinion so beat the living hell out of it if it makes you feel better.
mercy made a deal with garcia, pnoy made a deal with mercy.
Kunwari lang yong matuwid na daan ni Noynoy.
Ang talagang tunay na katauhan ni Noynoy ay sinto-sintong daan…….hahahhahahaaa
#33 Jug, never heard of the process called impeachment?
“ayan ka na naman, akala mo mas mautak ka pa kaysa mga abogado, politoko, etc, etc, na nasa poder ngayon, talaga naman”
Wow, How could you missed such a simple question? talaga naman… (pahiram naman)
Hindi ko sinabi na mas mautak ako, sinagot ko lang yong sinabi mong: “i wonder what the better option would have been to get rid of Gutierez?”
Gets it already?
Giving Chedeng an immunity is not really a good move for Pnoy. Mabuti na lang sana itinuloy na lang yung impeachment para malaman ng bayan ang mga inefficiencies niya. Even if it meant more time and money kung may kahulugan naman ang proseso at mapapanagot ang mga magnanakaw. Now that she has immunity, ano naman ang magagawa ng susunod na Ombudsman? Nawala na yung “link” sa mga gawaing masama ni bansot. Baka naman pati yung mga important documents eh na-sanitize na rin bago umalis sa pwesto. HMP!
#33 Jug, never heard of the process called impeachment?
“ayan ka na naman, akala mo mas mautak ka pa kaysa mga abogado, politoko, etc, etc, na nasa poder ngayon, talaga naman”
Wow, How could you missed such a simple question? talaga naman… (pahiram naman)
Hindi ko sinabi na mas mautak ako, sinagot ko lang yong sinabi mong: “i wonder what the better option would have been to get rid of Gutierez?”
Gets it already?
– florry
————————-
haay naku, why do you always react to the first stimulus like Pavlov’s mongrel? Think, think, think, because usually what is essential is not visible to the eye. I’m not going to spoonfeed you, you need to learn to think of moves 10 or more steps ahead, look up the word “gambit.”
Florry is afflicted with negative bias syndrome against Pnoy. Which is difficult to treat.
Jug, Phil,
Both of you said that there’s no other option to kick out Merci and I disagreed.
Living in a democratic country we have a process and that kind of thinking is pathetic.
And in arguing my side, I was accused of being afflicted of negativity. Why don’t you two present your arguments and defend the deal made by Noynoy and Merci instead of attacking me? Can’t you defend it? If you can’t maybe you just shut up!
What we are talking about here is the deal, the pros and cons, between Noynoy and Merci. It’s not about negativity but facts of the matter. I am against the deal because it’s one-sided in favor of Merci.
Why don’t you put Noynoy and Merci on the opposite sides of a scale?
On Merci’s side she got: full retirement benefits and immunity from govt. suits.
On Noynoy’s side: All he got is a piece of paper signed by Merci.
Weighing both sides who are the clear winner and loser on the bargain?
Tinimbang si Noynoy ngunit kulang!
Kung may utak si Noynoy and his bright boys why did they not make a deal to turn Merci against GMA and her alipores. Bakit hindi sila nakipagtigasan ng “balls”, total ayon sa Malacanang, walang panalo si Merci sa impeachment. Hawak ni Noynoy ang mga tuta sa Congress and he can also do better in the senate to win the battle against her. Ngayon bakit pumasok pa sa deal.
Bottom line hindi lang mas matigas ang “balls” ni Merci kundi mas mautak kaysa grupo ni Noynoy and his bright boys.
Jug, I sensed you are talking about the game of chess. So, you can think and anticipate 10 moves in advance. wow, that’s grandmasterlike! What are your games, Sicilian, Kings Indian, ruy Lopez or any other variations? I play the game and my favorite is the Queen’s Gambit. Maybe sometimes we can play a game which is one of my favorite past time, a very good exercise and food for the brain and hindi sa pagyayabang, I’m always a winner and always in the top ten in every tournament I played.
mahirap gisingin ang nagtutulug-tulugan…
“I’m always a winner and always in the top ten in every tournament I played.” – florry
Wished you beat Bobby Fischer.
@26: Discounting hindsight, anyone of those who ran for the presidency, had he won, besides PNoy…the nation’s status quo is no different now, could be worse, maybe a tad better. And who was your hamster btw? Gordon? Villar? Erap?
florry, i wonder what is your elo rating.
florry, i wonder what is your elo rating.
1,563
Florry, I just want to clarify that I did not attack you. I never even directed any of my comments at you.
There are two Phil’s here. One is “phil” and the other is “Phil Cruz” (me). Which one were you referring to?
But that doesn’t mean I agree with your opinion in this issue of the Aquino-Merci “deal”. But I respect your opinion.
And Florry, my comments are found in #7, #8, #29, #48 and this one. In which comments did I “attack you” as you described it?
Obviously, as the Cruz is missing, I was refering to Phil without the Cruz.
But, unwittingly maybe I referred to both “Phil”
following statement refers to you:
“Both of you said that there’s no other option to kick out Merci and I disagreed”.
The next statement refers to the other “Phil”
“And in arguing my side, I was accused of being afflicted of negativity”.
@ #17
A case of betrayal of public trust against Merci is more difficult to prove in court than in an impeachment trial because guilt beyond reasonable doubt is the bar in a court of law. I’d like to see Chavez file a betrayal of public trust case against Merci.
I’ve also heard lawyers say that Chavez is sometimes too quick on the draw. They cite that plunder case Chavez filed against GMA as an example. It makes for good press but it is not strong enough to get a conviction. They fear that if Chavez loses that case then double jeopardy will apply. Sayang daw because there could be something in that case but it requires a little more work. There was no urgency to filing it in its haphazard form.
MB, same thoughts on the matter..about pursuing a case of betrayal of public trust against Merci. And Chavez’ case against Gloria. I am not a lawyer so it’s just my non-legal understanding of things legal.
@#26 atbp.
Florry,
Parang sure na sure ka na nagkaroon ng deal.
Ang sinabi lang naman ni Ellen ay nakuha niya yun storya from a highly reliable source na nagpasa sa kanya ng kwento of a govt official who claims to be in the know.
Sa madaling salita Ellen got her story from someone who got the story from someone else. And she makes that very clear in her report.
“The source who revealed the deal to VERA Files said immediately after the House of Representatives voted for to impeach her, Gutierrez called an Aquino government official asking for advice.”
“The source said the Aquino government official …etc.”
The fact is we will never know if there was a deal unless both PNoy and Merci admit they made one. So you could be standing on a very unstable soapbox.
MB, I would not have written the story if I was not sure of it. It would have been a waste of time on my part and I would be also wasting readers time if I was not sure of the story.
I’m a journalist and one of the basic requirements in journalism is “verification” and we do that using multiple sources.
I talked with the one who talked with Gutierrez.
MB, why don’t you ask your friends in Malacañang? The deal is known in Malacañang.
In writing this story, I’m not saying it was wrong for the Aquino government to have entered into a deal with Gutierrez.
In fact, I’m for it. If not for that deal, right now we would still be holding the impeachment trial instead of choosing a new Ombudsman.
But the people should know the truth including the repercussions of the deal. For all we know, they would have approved of it.
@54
Ellen,
I was not criticizing your method. I was simply pointing out to Florry exactly what you wrote in your story. And that based on what you wrote he could not draw conclusions.
It would of course be different if you had written that you personally spoke to the official who talked to Merci and he told you that he handled the negotiations. I would take your word at that even if you don’t identify him. But like I pointed out to Florry, you wrote “The source said the Aquino government official…” So I concluded that you heard it from someone who was told about it.
Since you said you talked to the official who handled the negotiation then I hope you won’t mind my asking the following:
Did Noynoy tell Merci he would not go after her if she resigned and there were witnesses when he told her that?
Or did someone cut a deal with Merci and then she went to Noynoy and submitted her resignation without him giving her his personal guarantee?
@55
Frankly, I would rather Merci went through an impeachment no matter how long and how it turns out. I prefer that than what amounts to a plea bargain. I think justice should always run its course. But that’s just my opinion.
manuelbuencamino – July 8, 2011 4:12 pm
@#26 atbp.
Florry,
“Parang sure na sure ka na nagkaroon ng deal.”
Ellen just gave her confirmation.
Manuel, in journalism, there is such thing as protecting your sources. The information was given to me on condition that the official would not be identified. I had to observe that in the description of the source and in relating the circumstances of the deal.
What is more important is that information being conveyed to the public is accurate.
VERA Files sent this story to all newspapers and media online sites. Only ABS-CBN, Yahoo, and Malaya used it.
One major newspaper called us up asking for the identity of the source. It’s a practice that in stories where the source cannot be identified in the story, at least the editor should know to be able to assess the story.
My VERA Files colleagues know the source/s of the story. We declined to give it to the newspaper because we felt that doing so would violate the confidentiality agreement I had with the source/s.
Anyway, we believe that in case of libel suit, the newspaper can exclude themselves from it and I and VERA Files would be the ones who would be held accountable for the story.
The newspaper said they know the source and they also have the same information. Why they didn’t report it, we didn’t ask.
We were not surprised when the newspaper didn’t use the story.
I would have also wanted an impeachment trial to find out the truth about those 7 cases.
Anyway, Gutierrez would have been on leave while the impeachment trial was going on. But then, nandyan na yan.
Let’s hope that Pnoy chooses a firm and uncorruptible Ombudsman. Huwag naman si Tuquero.
#58 and 59,
Ellen,
alam ko na you were protecting your source. Ako naman inulit ko lang kay florry yun sinulat mo. At tulad ng sinabi ko, kung paninindigan mo ang source mo maniniwala ako sa storya mo. Kasi may credibility ka sa akin. Ngayon kung ibang reporter yun nag cite ng anonymous source eh ibang usapan na yun.
#52
Florry,
Ellen confirmed she talked to the government official who claims he handled negotiations.