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Questions As To Form
Q3: Does the instant complaint comply with the form prescribed under the
House Rules on Impeachment?
Q4: Section 13, Rule IV on the House Rules on Impeachment provides that
the form of the verification should be as follows:
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Munsalud vs. National Housing Authority, G.R. No. 167181, December 23, 2008.
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I hereby further attest that I have caused the preparation of
the foregoing Impeachment Complaint, that I have read the same,
and that the allegations contained therein are true and correct
based on my own personal knowledge and/or on authentic
documents and other available records.”
Does the verification form of the instant complaint comply with the
verification form prescribed in Section 13, Rule IV?
It may not amiss to stress that the verification in Section 13, Rule IV
applies only to impeachment complaints initiated by 1/3 of the
members of Congress. It does not apply impeachment complaints
initiated by any member of Congress or any other person.
Q5: Should the pertinent and material documents alleged in the impeachment
complaint be attached?
Questions As To Substance
Q2: What are the offenses charged in the instant impeachment complaint?
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Q4: What constitutes betrayal of public trust?
Q5: What are the charges in the complaint against respondent Ombudsman,
which constitute betrayal of public trust?
A: There are six charges of betrayal of public trust. These are the following:
(1) exonerating all the COMELEC officials involved in the P1.3 Billion
Mega Pacific Election Computerization Contract Bidding Case,
notwithstanding the categorical findings of irregularities and corruption
made by the Supreme Court; (2) failing to act promptly on the reported
graft and corruption perpetrated by bidders and government officials on
the World Bank-Financed Road Projects; (3) filing of a defective
Information against former Justice Secretary Hernani Perez for his
extortion activities against former Congressman Mark Jimenez; (4) failing
to act promptly on the graft and corruption cases on the more than P1
Billion Fertilizer Fund Scam involving former Department of Agriculture
Secretary Jocjoc Bolante; (5) failing to act promptly on the graft and
corruption case involving the “Euro-generals”; and (6) arbitrarily issuing
dismissal and suspension orders against Iloilo Governor Neil Tupas and
Bataan Governor Enrique Garcia.
Q6: What are the acts alleged in the complaint as regards the Mega Pacific
case which constitute betrayal of public trust?
A: The complaint essentially alleged that: (a) the Supreme Court nullified the
contract awarded to Mega Pacific eSolutions, Inc., because it found “clear
violations of law and jurisprudence” in the award and “reckless disregard
of COMELEC’s bidding rules and procedure”; (b) thus, the Supreme Court
directed the Ombudsman to investigate the criminal liability of the public
officials and private individuals involved in the contract; and (c) respondent
Ombudsman, however, approved the resolution absolving all public
officials concerned in the contract. Hence, to summarize, while the
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Joaquin Bernas, The 1987 Constitution of the Philippines, A Commentary, 2003, p. 1113.
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Supreme Court found that crimes were committed in awarding the contract
to Mega Pacific, the Ombudsman allegedly did not find any criminal
responsible for the said criminal acts.
Q7: Why would the exoneration of all public officials involved in the Mega
Pacific case constitute betrayal of public trust?
Q8: Isn’t it true, however, that the Supreme Court never stated in its Decision
that a crime was committed in the Mega Pacific deal?
A: It is true that the Supreme Court did not categorically state the crimes
committed by the public officials involved in its Decision. The Supreme
Court, however, categorically stated that there were “clear violations of law
and jurisprudence” in the award and “reckless disregard of COMELEC’s
bidding rules and procedure”. It is thus absurd for the Ombudsman to
even claim that there was no crime.
Q9: In the Decision of the Supreme Court, the Ombudsman was merely
directed to determine the criminal liability, if any, of the public officials
involved in the Mega Pacific case. It was not directed to file criminal
charges against these officials. Hence, the Ombudsman should not be
faulted if, in its determination, the public officials involved were absolved.
Is this argument valid?
A: No. It is true that the Ombudsman was given the discretion to determine
the criminal liability of the public officials involved. However, this
determination must be made in the light of the findings of the Supreme
Court on the matter. As duly found by the Supreme Court, there were
“clear violations of law and jurisprudence” in the award and “reckless
disregard of COMELEC’s bidding rules and procedure” in awarding the
contract to Mega Pacific. Hence, it is impossible to believe that not one of
the public officials involved committed those violations or reckless
disregarded the bidding rules and procedure.
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Q10: Does the pendency of a petition before the Supreme Court challenging the
Ombudsman’s resolution dismissing the charges against the concerned
COELEC officials in the Mega Pacific case and praying that the
Ombudsman be held in contempt pose a prejudicial question to this issue
in the impeachment complaint, which warrant the suspension on its
resolution pending the Supreme Court’s resolution on the matter?
(On the other hand, there is a possibility that the Ombudsman’s allies in
the Committee on Justice may suggest that the House defers its resolution
until the SC has resolved the said petition.)
Q11: What are the acts alleged in the complaint as regards the WB Financed
Road Project which constitute betrayal of public trust?
A: The complaint essentially alleged that: (a) as early as May 2006, the
Department of Institutional Integrity of the World Bank has provided the
Ombudsman with an oral briefing on the interim findings of its
administrative finding inquiry anent the allegations of fraud and corruption
in the World Bank Financed Road Project; (b) despite its constitutional
mandate to investigate on its own any act or omission of any public official
or employee when such act or omission appears to be illegal, unjust,
improper and inefficient, the Ombudsman did not immediately initiate any
investigation3.
Q12: Why should the Ombudsman’s inaction on the March 2006 oral briefing be
construed as a betrayal of public trust?
Q13: The Ombudsman claims that, after receiving the Referral Report in
November 2007, it immediately conducted a fact finding investigation;
hence, she is not guilty of not acting promptly on the complaints. Is this
valid?
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The complaint also alleged that the Ombudsman received the Referral Report of the WorldBank in
November 2007, but still did nothing. Recent news reports, however, indicate that, after receiving the said
report, the Ombudsman directed her deputy to conduct a fact finding investigation in November 2007.
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Q14: The Ombudsman further claims that it could not act on the information
divulged in March 2006, because the information given was limited and
even characterized as restricted and consequently restricted her office
from further looking into the complaint. Does this excuse the Ombudsman
from her inaction?
A: No. The Ombudsman is equipped with all the powers to perform her
mandate. She could have used the information given initially on March
2006 to conduct her own investigation based on the available information.
Yet, she admittedly never conducted an investigation. In fact, WB
representative to the Philippines, Bert Hofman, said that “[m]ost of the
evidence we find in the collusion were from documentary evidence. They
do interview witnesses. They do interview people to corroborate the
evidence found in the documentation,” he said. But: “This is all evidence
on the bid itself; nothing to do with witnesses, nothing to do with
statements, nothing to do with hearsay. This is all in the bid documents
themselves,” he said4.
Q16: What are the acts alleged in the complaint as regards the Nani Perez case
which constitute betrayal of public trust?
Q17: Why does the dismissal of the said criminal case constitute betrayal of
public trust?
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Information against Nani Perez. And even if it were true that the
Ombudsman mistakenly filed a defective Information, the mistake
demonstrates her gross ignorance of the law and manifest incompetence,
which is contrary to her sworn commitment to diligently discharge the
duties of her office.
Q19: What are the acts alleged in the complaint as regards the Nani Perez case
which constitute betrayal of public trust?
A: The complaint essentially alleged that: (a) in 2004, complaints were filed
by Atty. Frank Chavez and Marlene Garcia Esperat regarding the Fertilizer
Fund Scam before the Ombudsman; (b) on 20 February 2006, the Senate
transmitted to the Ombudsman its findings and the evidence it gathered
during its investigation on the said Fertilizer Fund Scam; (c) despite the
foregoing, however, and despite a public commitment to resolve the case
by January 2009, the case remains unresolved and pending before the
Ombudsman.
Q21: Is there undue delay in this case considering that Mr. Bolante was
detained in the US from late 2006 to October 2008 and thus could not be
directed to submit his counter-affidavit in accordance with the
requirements of due process?
A: Yes. While Mr. Bolante is the principal respondent in the case, his
absence does not bar the Ombudsman from investigating the matter and
verifying the evidence submitted before it. In fact, when Mr. Bolante was
not able to file his counter-affidavit within the deadline given to him by the
Ombudsman in November 2008, the Office of the Ombudsman even said
that it can still proceed with the case. Unfortunately, apart from the
creation of an alleged task force, which incidentally recommended the
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filing of graft charges against Mr. Bolante and other public officials, no
other significant developments came out of its investigation.
Q22: Considering the large scope of the investigation, which covered 17 regions
and 181 transactions, not to mention talking to 103 congressmen, 49
governors and 29 municipal mayors all over the country, the Ombudsman
cannot be faulted for the length of time it took to investigate the scam. Is
this valid?
Q23: What are the acts alleged in the complaint as regards the Euro Generals
case which constitute betrayal of public trust?
A: The complaint essentially alleged that: (a) It was publicly known that PNP
Dir. De la Paz was stopped by customs inspectors at Moscow
International Airport from boarding a plane after finding 105,000 euros
(P6.93M) in his carry-on baggage, which exceeded the 3,000-euro limit for
departing passengers; (b) Several investigating bodies in the Philippines
have conducted inquiries on said incident, such as the Senate Committee
on Foreign Relations, PNP Criminal Investigation and Detection Group
(CIDG), PNP Directorate for Investigation and Detective Management
(DIDM) and National Police Commission (NAPOLCOM), all of which have
found overwhelming evidence and sufficient probable cause to file criminal
and administrative complaints against De la Paz and other police officers;
(d) Dela Paz even admitted having failed to declare the said amount when
he left Manila; (e) despite the foregoing and the turn-over of the findings
by the said bodies to the Office of the Ombudsman, the latter has yet to
resolve the case.
Q25: Can there be undue delay in this case considering that the incident
occurred in October 2008?
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their investigation and have come up with their separate finding of liability
against Dela Paz. On the other hand, the Ombudsman is still investigating
the case, even after receiving copies of their findings.
Q26: Can there be undue delay if the Ombudsman wants to first verify the
admissions made by PNP Director Dela Paz with the documents it has in
its possession, because his admissions may turn out to be false?
Q27: Should you fault the Ombudsman if it is ensuring that it has sufficient
evidence to charge Dela Paz in court?
Q28: What are the acts alleged in the complaint as regards the case of Gov.
Tupas which constitute betrayal of public trust?
A: The complaint essentially alleged that: (a) the Ombudsman resolved the
case of Gov. Tupas and issued an order dismissing him from office and
perpetually disqualifying him from running for any public office; (b) the
order was served on 12 January 2007, which was a day before the start of
the May 2007 election period, where Gov. Tupas was running for
reelection; (c) the issuance and service of the suspension is to harass and
disqualify Gov. Tupas from running in the May 2007 election.
Q29: What are the acts alleged in the complaint as regards the case of Gov.
Enrique Garcia which constitute betrayal of public trust?
Q30: Why are the foregoing acts be deemed a betrayal of public trust?
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A: The Office of the Ombudsman is the protector of the people. Hence, the
office cannot be used as means for political harassment or persecution.
Q32: What are the charges in the complaint against respondent Ombudsman,
which constitute culpable violation of the Constitution?
A: There three (3) charges, namely: (1) violation of the due process clause
under Section1, Article III; (2) violation of the right to speedy disposition of
cases under of Section 16, Article III; and (3) violation of Sections 1, 12
and 13 paragraphs 1, 2, and 3 of Article IX.
Q33: What are the acts alleged in the complaint as regards the violation of the
due process clause in the Constitution?
In the first instance concerning the case of Gov. Tupas, the complaint
essentially alleged that: (a) the Ombudsman issued the dismissal order
against Gov. Tupas, thereby depriving him of his office; (b) deprivation,
however, was without due process, in that: (i) the issuance was made
after the Ombudsman took over the investigation of the case from the
Ombudsman for the Visayas, who, by RA 6770, is authorized to
investigate the said case; and (ii) worse, Gov Tupas and his co-
respondents were never given an opportunity to present evidence or
refute the evidence against them or submit position papers.
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Ibid, 1112.
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Q34: What are the acts alleged in the complaint as regards the violation of the
right to speediy disposition of cases in the Constitution?
A: The complaint essentially alleged that: (a) the right to speedy disposition
of cases inures not only to the persons charged, but also to all parties in
all cases, including civil and administrative cases; (b) despite repeated
pleas and clamor for the speedy disposition of cases pending before her
office, the Ombudsman has yet to resolve them or failed to immediately
resolve them; (c) these cases include the Fertilizer Fund Scam and the
Nani Perez case.
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See Annex “D” of the Impeachment Complaint.
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Q37: Was there a deliberate or intentional violation of the right to speedy trial in
the Fertilizer Fund Scam?
Q38: What are the acts alleged in the complaint as regards the violation of her
Constitutional duties and mandate?
January 13, 2004 - the Supreme Court declared as void the Php1 billion contract entered
into by the Comelec with the Mega Pacific for the supply of automatic computing
machines. The SC cited “clear violation of law and jurisprudence" and “reckless disregard
of [Comelec’s] own bidding rules and procedure" as among the reasons.
January 14, 2004 - Ombudsman Simeon V. Marcelo issued an order directing the then
Fact-Finding and Intelligence Research Office now Field Investigation Office to conduct
an in-depth inquiry on the Comelec-Mega Pacific case.
Feb. 14, 2006 - Acting on the manifestation and supplemental motion of petitioner ITFP,
the SC issued its resolution directing the Ombudsman to show cause why it should not
be held in contempt of court for its failure to comply with the High Court's January 13
decision and to manifest compliance with the directive within 10 days from receipt of the
said resolution.
March 2, 2006 - The Ombudsman invoked its autonomy as an independent body in its
reply to the Supreme Court, saying the Court cannot interfere with the Ombudsman's
investigating powers.
March 28, 2006 - The Supreme Court directed the Office of the Ombudsman, under pain
of contempt to report on a regular basis—once every three months, starting June 30,
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2006, the steps it has taken and the corresponding results of those actions to determine
the criminal liability if any of the public officials involved in the said contract.
May 3, 2006 - The Supreme Court issued a Resolution directing the Office of the
Ombudsman “under pain of contempt", to report by June 30 its final determination on the
liability of public and private individuals involved in the nullified contract.
June 14, 2006 - The Supreme Court rejected the Office of the Ombudsman's motion for
reconsideration “for utter lack of merit." Its directive to the Ombudsman, according to the
Court, did not “in any way impinge upon the [Ombudsman’s] independence as provided
under the Constitution."
June 27, 2006 - In an urgent manifestation, the Ombudsman said it “wasted no time in
conducting its investigation on the possible criminal liability of Comelec officials" involved
in the contract. It added that “the need for further investigation forestall the final
determination by June 30 2006, on the existence or non-existence of probable cause
against all public officials" concerned.
June 30, 2006 - The Ombudsman released a resolution dated June 28, 2006 that cited
Commissioner Borra, but left it to the House of Representatives whether or not to
impeach him because it has no jurisdiction over an impeacheable official like Borra. The
resolution also meted a penalty of dismissal from government service against the
members of the Comelec BAC, and recommended they be charged before the
Ombudsman with with violation of RA 3019 or the Anti-Graft and Corrupt Practices Act in
conspiracy with private respondents Willy U. Yu, Bonnie Yu, Enrique Tansipek, Rosita Y.
Tansipek, Pedro O. Tan, Johnson W. Fong, Bernard L. Fong, and Lauriano Barrios. The
same resolution however dismissed the charges against other Jaime Paz, and Zita
Buena-Castillon, of the Comelec; Jose Tolentino and Rolando Viloria of the Dept. of
Science and Technology (DOST); for lack of sufficient evidence.
Q40: Any other case, which best exemplifies the Ombudsman’s failure to
comply with her constitutional mandate?
A: Yes, the case of Nani Perez. In dismissing the robbery charge, the
Sandiganbayan also noted the Ombudsman’s failure to promptly act on
the complaint against Nani Perez, which also constitutes a violation of the
right to speedy disposition of cases, viz:
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doing so, it has failed to discharge its duty as mandated by the
Constitution to promptly act on complaints filed in any form or
manner against public officers and employees.”
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