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HOUSE OF REPRESENTATIVES
House of Representatives Complex
Constitution Hills, Quezon City
PREFATORY STATEMENT
1
Public officials are accountable to the people, not “sometimes”, not
“often” times, but at ALL times and must serve them with utmost
“responsibility and efficiency”. Section 1 of Article XI of the Constitution
declares so:
Section 12. The Ombudsman and his Deputies, as protectors of the people,
shall act promptly on complaints filed in any form or manner against
public officials or employees of the Government, or any subdivision,
agency or instrumentality thereof, including government-owned or
controlled corporations, and shall, in appropriate cases, notify the
complainants of the action taken and the result thereof.
Section 13. The Office of the Ombudsman shall have the following
powers, functions, and duties:
1
Section 15 of the RA 6770 or the Ombudsman Law similarly provides: Sec. 15. Powers,
Functions and Duties—The Ombudsman shall give priority to complaints filed
against high ranking government officials and/or those occupying supervisory
positions xxx
2
Section 15 of the RA 6770 or the Ombudsman Act on the powers and
functions of the Ombudsman, carries the same provision:
“Sec. 15. Powers, Functions and Duties. - The Office of the Ombudsman
shall have the following powers, functions and duties:
(1) Investigate and prosecute on its own or on complaint by any person,
any act or omission of any public officer or employee, office or agency,
when such act or omission appears to be illegal, unjust, improper or
inefficient.” (emphasis supplied)
Ultimate Facts
3
the Constitution mandates the Ombudsman to prosecute acts or omissions
which constitutes inefficiency.
4
“That on or about (this date) in (this place) within the territorial
jurisdiction of this Honorable Court, the above named accused did
then and there wilfully, unlawfully, and criminally (e.g. stabbed the
victim to death) contrary to law or in violation of (this law).”
5
Corrupt Practices Act) and RA 6713 (Code of Conduct and Ethical
Standards for Public Officials and Employees Act) constituting the
impeachable ground of Betrayal of Public Trust and culpable violation of
the Constitution).
6
Manalo and even the Arroyo created Melo Commission identified Gen.
Jovito Palparan accountable for the extra judicial killings and
disappearances in the country, but Ombudsman Gutierrez did not find this
sufficient to prosecute Gen. Palaparan for acts or omissions which, at the
very least, appear illegal or unjust or improper.
7
(1) FERDINAND GAITE, Filipino, of legal age and Chairperson of the
Confederation for Unity, Recognition and Advancement of
Government Employees (COURAGE);
(2) RENATO REYES Filipino, of legal age and Secretary General of
BAYAN,
(3) MO. MARY JOHN MANANZAN, Filipino, of legal age and
Convenor of PAGBABAGO,
(4) DANILO RAMOS, Filipino, of legal age and Secretary General of
Kilusang Magbubukid ng Pilipinas (KMP)
(5) ATTY. EDRE OLALIA Filipino, of legal age and acting Secretary
General of National Union of Peoples’ Lawyers (NUPL)
(6) JAMES TERRY RIDON, Filipino, of legal age and Chairperson of the
League of Filipino Students.
8
GENERAL ALLEGATIONS
1. Ombudsman Gutierrez, who assumed office on 30 November 2005, is
the fourth Ombudsman of the Republic of the Philippines.
9
United States Dollars (US$ 10,000.00) that he brought out (“exported”) of
the country despite his public admission under oath that he committed this
illegal act; and
(c) Repeated failure to take action on the poll automation contract
awarded to the Mega Pacific Consortium which was declared anomalous
and void by the Supreme Court in 2004.
10
THAT GEN. ELISEO DE LA PAZ PUBLICLY
ADMITTED UNDER OATH BEFORE THE
SENATE BLUE RIBBON COMMITTEE THAT
HE TOOK OUT OF THE COUNTRY
CURRENCY IN EXCESS OF US$ 10,000.00
WITHOUT DECLARING THE SAME WITH THE
PHILIPPINES CUSTOMS.
11
6. Betrayal of the public trust is a ground for impeachment provided by
the Constitution to cover all manner of offenses unbecoming of a
public functionary which are not punishable by criminal statutes.
This includes negligence of duty, tyrannical abuse of authority,
breach of official duty by malfeasance, cronyism, favoritism (and) or
obstruction of justice.2
12
also, has not filed any criminal Information in any court against any
respondent for the said anomalous transactions more than four (4)
years after she started her much delayed investigation.
9. Said anomalous transactions were not only found in the COA and
Senate Report but were also detailed in the complaints filed with the
Ombudsman by Kilusang Magbubukid ng Pilipinas (KMP) and
former Solicitor General Frank Chavez.
12. Considering that the Senate Report was even preceded by the
separate complaints filed by the farmer members of the Kilusang
Magbubukid ng Pilipinas (KMP), former Solicitor General Francisco
Chavez and the late journalist Marlene Esperat detailing the same
anomalies, Respondent Ombudsman failure to file the necessary
information before any court against any accused constitutes this
impeachable ground.
13
13. The evidence of blatantly anomalous transactions were contained the
above Senate Report No. 54 which contained the following Findings:
14. Firstly, the funds used in the “ Fertilizer Scam” was a portion of a
large fund called the “Farm Inputs and Implements” as discussed in
Page 13 of the Senate Committee Report 54:
“The Php 728 million Fund is just a Portion of a Larger Fertilizer Fund Released
during the Elections of 2004
The Php 728 million fertilizer fund is just part and parcel of the huge fund
releases to the Department of Agriculture totaling Php 2.806 billion intended for the
purchase of farm inputs and implements in 2004, all made just before the May 10,2004
elections. Its breakdown as follows :
In a document submitted by the Department of Agriculture”, the Php 728 million fertilizer
fund forms part of the Farm Inputs and Farm Implements Program in 2004 to assist LGUs
in boosting their agricultural production and increasing farmers’ income.”
15. Secondly, the role of then DA Usec. Jocelyn “Jocjoc” Bolante and the
others in the disbursement of funds as discussed in Page 19 of the
Senate Committee Report 54:
“In the fertilizer fund scam, Undersecretary Bolante is the declared architect.
He designed it. He was its brains. It was he who worked with the DBM for the
immediate release of the fund. It was him who prepared and submitted names
who would become the fertilizer fund’s proponents. It was Undersecretary
Bolante who sent letters to various congressmen and local officials informing
them of the availability of funds under the DA’s CMA Project. It was him who
directed these officials to coordinate with his office to discuss all the
requirements to facilitate the said project fund.
14
In the Committee of the Whole public hearing of January 31, 2006,
Undersecretary Belinda Gonzales specifically mentioned that it was the
Office of Undersecretary Jocelyn Bolante who ordered the release of funds to
the recipients stated in the list. “I got instructions from Usec Bolante that this ---
- P 1 00 million ---- will be be transferred to the different regional offices.
Secretary Luis Lorenzo and Undersecretary Belinda Gonzales served as
cosignatories of Mr. Bolante in transferring the money from the Department of
Agriculture to the regional field units (RFUs) and to local governments.”
16. Thirdly, that farmers did not receive the said fertilizer “farm inputs”
as testified by farmers from all over the country including the
Kilusang Magbubukid sa Pilipinas as discussed in Page 21 of the
Senate Committee Report 54 :
In all public hearings conducted, the farmer groups were its most active and
cooperative participants. Farmers and peasant leaders from as far as the
Ilocos region and Western Mindanao aired their collective grievances. Theirs
are the voices of desperation.
The KMP emphasized that the meager amount of fertilizer that they should
have received during the year 2004 seemed to point to the direction of the
election fund campaign of Ms. Arroyo.
In the words of respected farmer leader Tatay Greg Rivera, “Ni isang butil nu
abono hindi kami nakatanggap ’’
In their consultations with other farmer organizations, the KMP group of Mr.
Ramos confirmed that other farmers groups which happened to be within their
alliance also indicated not having received fertilizer assistance.”
17. Fourthly, the disbursement of funds and other transactions were part
of a scam as discussed in pages 26-31 of the Senate Committee Report
54:
15
(1) The Senate Report discussed the mysterious beginnings of the “Farm Inputs
and Implementation Program” in Page 26 of the Report, to wit: “As confirmed
by Secretary Panganiban himself during the budget hearing, nobody in the
Department of Agriculture knew of the existence of the Farm Inputs and
Implements program. In the files of the Department itself, there is no single
document that would support the existence of such.”
(2) There was overpricing as Page 28 of the Senate Report stated: “Even the
design and implementation of the fertilizer fund scam manifest the height of
scandalous corruption. The gross overpricing as reported by the Commission on
Audit is absolutely abominable, with the ordinary foliar fertilizer (which was
allegedly supplied in almost all transactions) overpriced from almost 700 to
1,250 percent.”
(3) Ghost and questionable suppliers and deliveries haunt the fertilizer fund
scam as contained in page 29 of the Senate Report: “AKAME Marketing is
the identified supplier of a substantial number of transactions in the Php 728‐
million fertilizer fund. Process servers of the Senate failed to locate its business
address indicated in its registration. Tacloban Star, a regional newspaper in
Leyte and Samar, reported that its telephone number corresponds to a
“gulayan ” stall in Kaloocan City. Another company named Castle Rock
Construction was awarded multiple contracts under the same fund. COA, in its
audit memoranda, noted that “no copies of the documents from the
Department of Trade and Industry was available that can show that Castle
Rock Construction can engage or do business relative to the trading of fertilizer.
Witness Jose Barredo stated that FESHAN Philippines, Inc. one of the largest
suppliers, is originally a medical supplier and started to supply fertilizer only in
2004. Its office address as submitted to the DA is a non‐existing address.”
(4) The corruption or at least the flawed and wasteful design of the program was
discussed in page 30 of the Senate Report: “Undersecretary Jocelyn Bolante
cunningly, wittingly listed 105 congressmen, 53 governors and 23 mayors to
justify the immediatelyrelease of the fund. It specifies uniform amounts,
regardless of which congressional districts or local units the proponents
represent, whether the same are rice or corn‐producing LGUs or not. Bolante is
not even mindful that the locality or legislative district from where the
proponent came from is part of the farm‐absent Metro Manila. From this list, it
can be deduced that it was an intended flawed program using public funds.
18. The Senate Report in Pages 32-35 then recommended the following, in
very clear terms:
(a) Criminal and Administrative Charges must be filed against Usec. Jocelyn
Bolante, Sec. Lorenzo Ruiz, Usec. Ibarra Poliquit, Usec. Belinda
Gonzalez, Asec. Jose Montes, and all DA Regional Directors who
participated in the illegal transactions for violating Sec. 3 (e) of RA 3019.
16
(b) The Ombudsman together with the Anti‐Money Laundering Council
scrutinize the voluminous documents and trace its flow from the
Regional Field Units of the Department of Agriculture to the local
officials and file charges against them, whether elected or appointed, for
violation of the Anti‐Graft and Corrupt Practices Act.
(c) The partners, suppliers or subordinates in the private sector who
worked in cahoots with the above‐mentioned officials of the
Department of Agriculture who participated in overpricing, supplying
substandard and diluted fertilizers should be charged as co‐conspirators
under the Plunder Law and Anti‐Graft and Corrupt Practices Act must be
filed. The Ombudsman is advised to check the various records which
would indicate their names and the complete paper trail of their
respective transactions.
17
violation of Batas Pambansa Blg. 881 or the Omnibus
Election Code against the then President of the Philippines
GLORIA MACAPAGAL-ARROYO, EMILIA T.
BONCODIN who was then Secretary of the Department of
Budget and Management, MARIO I. RELAMPAGOS then
Undersecretary of the Department of Budget and
Management, NORA C. OLIVEROS the Director of BMB-E
of the Department of Budget and Management, LUIS P.
LORENZO, JR. who was the Secretary of the Department of
Agriculture, JOCELYN I. BOLANTE who was the
undersecretary of the Department of Agriculture and JOHN
DOEs and JANE DOEs for illegal disbursement and release
of SEVEN HUNDRED TWENTY EIGHT MILLION PESOS (P
728,000,000.00) of PUBLIC FUNDS from the National
Treasury to the Department of Agriculture and
subsequently given to several named members of the House
of Representatives and to provincial governors and
municipal mayors, belonging to Mrs. Arroyo’s national
political party and/or allied party or perceived to be her
supporters.
22. In violation of her oath of office and the duties
imposed on her by the Constitution and the Ombudsman
Law to “promptly” investigate and prosecute “acts which
appear to be illegal, unjust, improper or inefficient”,
respondent Ombudsman never issued any notice,
resolution, or order to the complainants in the KMP
complaint and to the respondents relative to the case.
23. Despite the voluminous evidence in the Senate report
and the complaints pending before Respondent
Ombudsman in 2004 on the illegal disbursement of the said
public funds, respondent Ombudsman Gutierrez through
inaction, prejudicial to public interest, has not filed a
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criminal information against the respondents in the said
complaint before any court.
24. These violates the following, and constitutes Betrayal
of Public Trust:
24.1 Violation of her oath of Office and her duties to act
promptly on complaints provided under Article XI,
Section 12 and Section 13 of the Constitution which
states:
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(1) Investigate and prosecute on its own or on
complaint by any person, any act or omission of any
public officer or employee, office or agency, when such
act or omission appears to be illegal, unjust, improper
or inefficient
20
(b) Professionalism. — Public officials and employees
shall perform and discharge their duties with the
highest degree of excellence, professionalism,
intelligence and skill. They shall enter public service
with utmost devotion and dedication to duty. They
shall endeavor to discourage wrong perceptions of their
roles as dispensers or peddlers of undue patronage
26. Gen. de la Paz, who was the Comptroller of the Philippine National
Police at the time, was arrested by customs inspectors at Moscow
International Airport on 11 October 2008 after he was found carrying
21
105,000 Euros (P6.93M) in his carry-on baggage, which exceeded the
3,000-euro limit for departing passengers.
27. He initially declared that the amount he took out, totaling P 9.1
Million, was cash advance for the PNP delegations trip to Moscow.
He later declared it came from intelligence fund to buy equipment.
His last version was that the money came from a friend who asked
him to buy an expensive watch.
28. He was investigated by the Philippine Senate upon his return to the
Philippines where it was established that he took out foreign currency
(Euro) worth more than Ten Thousand United States dollars.
29. Gen. De la Paz admitted under oath during the hearings of the Senate
Foreign Relations Committee, which issued the Senate Committee
Report after the hearings, that he brought out of the country more
than Ten Thousand United States dollars worth of Euros without
declaring the same with the Philippine Customs as required by
Central Bank circulars and that he was aware of that requirement.
30. The Senate Committee Report No. 229 (dated November 13, 2008)
also stated that Airport Customs Collector Teresita Roque has
declared that Gen. De la Paz did not declare any excess currency
when he left the country.
31. The said Senate Committee Report No 229 (attached as Annex “B”)
contained the laws and regulations violated by Gen. de la Paz for
such failure to declare, to wit:
BSP Circular No. 308 issued 2001; MB Resolution No. 1779 issued
2001, as amended by BSP Circular No. 57 issued 2006; and MB
Resolution No. 1588 issued 2005, all require “a person who is bringing
into or out of the Philippines foreign currency in excess of @10,000 or its
equivalent,” to furnish the Monetary Board with a statement in writing
disclosing the source and purpose for carrying the subject amount of
money.
22
R.A. No. 7653, aka the New Central Bank Act, Section 36, imposes a
penalty of: “A fine of not less than @50,000 nor more than @200,000, or
by imprisonment of not less than two (2) years or more than ten (10)
years, or both. at the discretion of the Court.”
32. The same Senate Committee Report 229 recommended the filing of
criminal charges against Gen. Eliseo de la Paz:
33. The failure to declare the above amount is subject to prosecution as
provided under BSP Circular No. 98 dated 11 December 1995 and BSP
circular 308 as amended (attached as Annex “C”) in relation to
Section 36 of RA 7653 which provides for a fine or imprisonment of
“not less than two years nor more than ten years or both” as penalties
for violation of Central Bank or BSP circulars.
34. The act or omission of Gen. de la Paz is clearly a violation of the law
and BSP circulars as it consists of the two elements constitutive of the
offense, namely: (1) the taking out of the country of currency in excess
of Ten Thousand United States Dollars (US$ 10,000.00); and (2) the
failure to declare the same with the Philippine customs. (This is akin
to a criminal case for illegal possession of firearms where the judge
must convict the accused once he admits under oath that he
committed the following: (1) possessing a firearm, and (2) he was not
licensed to possess such firearm).
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37. If it is true that Gen. de la Paz returned to the PNP the funds
confiscated from him in Moscow, that does not constitute absolution
for his violation of Philippine laws and BSP circulars.
40. The controversial contract weight heavily on the public coffers. The
contract was worth One Billion Three Million (1,300,000,000.00) Pesos, and
the taxpayers shouldered the cost of storage expenses for the counting
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machines which amounted to P329,355.26 per month or P3,979,460.24
annually. The amount involved in the contract emphasizes the seriousness
of the acts committed by the officials of the COMELEC. The Supreme Court
pointed out the following anomalies in the transaction:
25
rest not only on the members of the Bidding and Awards Committee, but
also on the Commissioners of the COMELEC. Due to the seriousness of the
irregularity and the officials involved, the Supreme Court deemed it
necessary to refer the matter to the Office of the Ombudsman for
investigation and to prosecute those involved.
43. It is worthy to note that in its Report6 dated 12 December 2005, the
Senate Committee on Accountability of Public Officers and Investigations
(Senate Blue Ribbon) chaired by Senator Joker Arroyo also came out with a
similar conclusion, finding several COMELEC officials and members of
BAC liable on the illegal and nullified contract.
44. While she took initial actions in compliance with the aforementioned
directive of the Supreme Court, the Ombudsman sat on the investigations.
One year and four months after the referral, no concrete actions were
undertaken. The unexplained delay in the investigation has prompted the
Supreme Court to issue a Resolution dated February 14, 2006 requiring her:
45. In its Resolution dated May 3, 2006, the Supreme Court reiterated its
directive to Ombudsman Gutierrez. The dispositive portion of the said
Resolution provides:
“WHEREFORE, the Motion for Clarification of petitioners is
NOTED.
6 A copy of which is hereto attached as Annex “A” and made an integral part hereof.
26
proper courts.”
47. When the Ombudsman finally came out with her Resolution on the
investigations, she exonerated Chairman Benjamin Abalos, and other
COMELEC officials. Worse, she overturned her own Resolution7 which
found Commissioner Resureccion Borra liable for the said irregularities and
recommending his impeachment, thereby absolving everyone from and
negating the very existence of a crime This decision is obviously contrary to
the findings of both the Supreme Court as held in Information Technology
Foundation of the Philippines, supra, as well as the findings of the Senate
Blue Ribbon Committee.
48. Ombudsman Gutierrez simply ignored all the facts that clearly
implicated Chairman Abalos and the other COMELEC commissioners and
officials involved in the transaction. It must be reiterated, both the Supreme
Court and the Senate Blue Ribbon Committee found that the entire bidding
process was rigged, thereby involving not only the members of the BAC,
but also the commissioners who approved the award.
7 Dated 28 June 2006. A copy of the Press Release of the Office of the Ombudsman relative to the
Resolution recommending the impeachment of Commissioner Borra is hereto attached as Annex “C” and
made an integral part hereof.
8 Sec. 12, Art. XI, 1987 Constitution
27
2. CULPABLE VIOLATION OF THE CONSTITUTION
28
Section 13. The Office of the Ombudsman shall have the following
powers, functions, and duties:
53. Likewise, under Section 16, Article III of the Constitution, all persons
have the right to a speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies. It must be stressed that
whenever Ombudsman Gutierrez fails to act promptly on a case, it is
not only the right of the respondent or accused that is violated, but
also the right of the complainants, and more importantly, the right of
29
the Filipino people. Needless to say, Ombudsman Gutierrez’s
inaction on complaints against erring public officials robs the public
of their right to see justice done and public wrongdoing punished. It
further erodes the public accountability and confidence in our
government officials and the offices they hold.
Other forms of relief, just and equitable are likewise prayed for.
30
JAMES TERRY RIDON ATTY. EDRE OLALIA
Chairperson Acting Secretary General
League of Filipino Students National Union of Peoples’
, Lawyers (NUPL)
31