REASONS FOR OMBUDSMAN MERCEDITAS GUTIERREZ'S IMPEACHMENT : A visual display of cases V.

1
WHO IS THE OMBUDSMAN? WHAT DO THEY DO? HOW DO THEY GET THE JOB?
1ST IMPEACHMENT CASE: 2009 2 IMPEACHMENT CASES: 2010
OMBUDSMAN MERCEDITAS GUTIERREZ (OMG) • Independently monitors the
government and all three of its
branches
AL
& BAR C The Ombudsman is appointed
by the President of the

OU
I
JUDIC
Philippines from a list
I S L AT I ICIAR CUTIV

NCIL
EG UD Y XE submitted by the Judicial and

E
J
Bar Council for a seven-year

E
filed by former Senate President Jovito Salonga and 30 others filed by BAYAN and AKBAYAN separately VE
STIGATION PR
OSECUT
IO
term with no reappointment

IN

N
THE CHARGES ARE: S IDEN
THE CHARGES ARE: T I Z E NS AN
I Z AT O R AT I
RE
RP

T
P
CI G I

O
ON

CO
OR

NS
CULPABLE VIOLATION OF THE OMBUDSMAN

S
2-time Justice Secretary from 2002 and CULPABLE VIOLATION OF THE IN SEPTEMBER 2009, THE
1 1 • Responsible for investigating and prosecuting

2004 CONSTITUTION CONSTITUTION government officials in the Philippines who are • Responsible for receiving

HOUSE JUSTICE COMMITTEE

allegedly guilty of crimes complaints from citizens,
organizations, corporations, etc

The first female appointed to the post DISMISSED THE FIRST BETRAYAL OF PUBLIC
ONGOING 7 YEARS TERM

BETRAYAL OF PUBLIC 2
2
TRUST
IMPEACHMENT COMPLAINT TRUST DELIBERATIONS Infographic Title: The costs of items are based on the bidding specifications from the DepEd and DOH websites, and additional research on

Appointed in 2005 after previous AGAINST GUTIERREZ REASONS FOR OMBUDSMAN MERCEDITAS GUTIERREZ'S IMPEACHMENT : A visual display of cases V. 1

NOTES:
current costs of real estate, school supplies, transportation and medical supplies.

All information on this infographic are not final, as new information is still being processed since the cases are going to be

Ombudsman Marcelo resigned from his

reviewed, re-examined, with new evidence or inputs will be discovered.
All the facts and figures on this informational graphic are available for public view on the internet, these are the websites that we've used as sources:

- gmanews.tv

post. - newsbreak.ph
- abs-cbnnews.com
- wikipedia.com
- pcij.org
- asg.ateneo.edu
- thepoc.net ©
- manilatimes.net
- globalbalita.com

Impeachment cases against OMG

NOTABLE CASES HANDLED BY THE OFFICE OF THE OMBUDSMAN FROM 2005 -2010 DURING THE ARROYO ADMINISTRATION
Complex cases take longer to process so some of the cases here are filed during the previous Ombudsman’s term.

THE P1.3-BILLION COMELEC - MEGA PACIFIC CASE THE P728-MILLION FERTILIZER FUND SCAM THE MURDER OF ENSIGN PHILIP PESTAÑO UNCONSTITUTIONAL ARREST OF RISA HONTIVEROS EXTORTION CASE OF FORMER JUSTICE SEC. PHILIPPINE NATIONAL BROADBAND NETWORK CONTROVERSY THE “EURO GENERALS” CASE WORLD BANK ROAD PROJECT LOW CONVICTION RATE AFP GEN. CARLOS GARCIA PLEA BARGAIN AGREEMENT
YEAR: 2006 PLAYERS:
HERNANDO PEREZ YEAR: 2007 PLAYERS:
YEAR: 2003 PLAYERS: YEAR: 2004 PLAYERS: YEAR: 2005 PLAYERS: PLAYERS:
PLAYERS: YEAR: 2009 PLAYERS: YEAR: 2006-2009 YEAR: 2010 -
• FORMER COMELEC CHAIRMAN ABALOS • SEVERAL CONGRESSMEN & LOCAL GOV’T OFFICIALS • ENSIGN PHILIP PESTAÑO • RISA HONTIVEROS • COMELEC CHAIRMAN BENJAMIN ABALOS • CONGRESSMAN CARLOS PADILLA YEAR: 2008 • (FORMER) AFP COMPTROLLER CARLOS GARCIA
• FG MIKE ARROYO • POLICE GEN. ELISEO DE LA PAZ • DPWH CURRENTLY UNDER
• MEGA PACIFIC eSOLUTIONS • FORMER AGRICULTURAL UNDERSEC. BOLANTE • PHILIPPINE NAVY • PHILIPPINE NATIONAL POLICE • ROMULO NERI • OFFICE OF THE OMBUDSMAN
YEAR: 2007 PLAYERS: • PRESIDENT GLORIA MACAPAGAL-ARROYO • PHILIPPINE NATIONAL POLICE • WORLD BANK INVESTIGATION
• RODOLFO “JUN” LOZADA
• (FORMER) JUSTICE SECRETARY HERNANDO PEREZ
• (FORMER) MANILA REPRESENTATIVE MARK JIMENEZ
• JOSE “JOEY” DE VENECIA
• SEVERAL CONTRACTORS
NUMBER OF PERSONS WHO METED OUT CONVICTIONS
(BASED ON THE RESEARCH FROM THE PHILIPPINE CENTER FOR INVESTIGATIVE JOURNALISM )
1.3- Buys P1.3 Billion worth of In 1995, Pestaño tried to expose
BILL Automatic-Computing the illegal activities in the Navy 105,000 EUROS/
1988
ION
BACKGROUND CONRADO VAZQUEZ
Cargo Ship
Machines from Mega Pacific
Department of Transportation and Communications (DOTC) Sec. Mendoza and ZTE VP Yu Yong entered into a US$329.5
P7 MILLION (1988 - 1995)
PESTAÑO Accused of pocketing
(PNP FUNDS)
62
million contract for a (NBN) that would improve government communications capabilities. Average GARCIA P300 million in kickbacks
At the height of the ‘Hello Garci’ Scandal, Risa Hontiveros while in active service
COMELEC DEPT. OF AGRICULTURE GEN. ELISEO Per Year P300 MILLION
was illegally arrested during a 2006 Women’s Day Rally on
PEREZ
(under Abalos)
P728 MILLION the grounds of “illegal assembly”. JIMENEZ (OMG’S
FORMER BOSS) Abalos allegedly went to China
PGMA cancelled the National
DE LA PAZ
Police Gen. Eliseo de la Paz brought
469 Approximate
Total
IN KICKBACKS
CIFIC eSO FUNDS FOR FERTILIZER Broadband Network project due 105,000 Euros in cash to Russia
PA LU to broker the project and,
to political issues in October
GA according to JDV III,
2007. In 2010, OMG grants Garcia the Plea
TI
ME

demanded money from ZTE Bargain Agreement where the defendant

ANIANO DESIERTO
ON

officials. agrees to plead guilty without a trial, and, in

(SERVED FROM 1995 - 2002)
S

P1 BILLION CONSTITUTION USD$2 MILLION

1 6

JDV III, who is the 36 Average

Per Year
return, the prosecutor agrees to dismiss
certain charges or make favorable sentence
WORTH OF BRIBERY & president of Amsterdam recommendations to the court

252
In 2004 the Supreme Court voided The money was confiscated by Russian
the deal for violating the law and SHABU 2 EXPLOITATION 5 BACK Holdings (the company that
lost its bid to ZTE for the customs officials for being illegally
The World Bank cited three Filipino
contractors as “engaging in collusive
Approximate
Total
Incorporated 11 days before
the submission of bids
jurisprudence
WOOD FROM ILLEGAL GUNS SOLD TO This directly opposes Article VI, Sec 11 of the 1987 Constitution “... Charges stemmed from an accusation by former
congressman Mark Jimenez that Perez and company had
OFF! NBN project) testified that brought into that country.
P7 MILLION FOR 8 PEOPLE
practices under a major Bank-financed
roads project in the Philippines” and
Plunder is a Garcia pleads guilty to
lesser crimes of indirect
Member of the House of Representatives shall, in all offenses FG Arroyo personally told non-bailable
LOGGING ABU SAYYAF punishable by not more than six years imprisonment, must be extorted $2 million in exchange for dropping him as a
Nueva Vizcaya Rep. Carlos 3 4 him to “back off” from AS “BAON” FOR ATTENDING eventually black-listed the companies offense bribery & money
Padilla alleged that there
AN INTERNATIONAL CONFERENCE SIMEON MARCELO
16 108
The funds were distributed before the 2004 elections by the co-accused in the plunder case against deposed president pursuing the project. Average Approximate laundering
privileged from arrest while Congress is in session.” were two other private (2002 - 2005) PLEA
agriculture department among congressmen and local Joseph Estrada Per Year Total
Since then, the machines Pestaño gets murdered, with entities which signified their
are sitting in a storage
government officials, including those representing districts
the Navy declaring the death a intention to build the NBN BARGAIN Garcia was allowed to
room that costs the
without agricultural lands
suicide Filed defective and/or late informations which caused
the eventual dismissal of the case
for the government. The P200 MILLION On a Senate hearing, Lozada, former
De la Paz publicly admitted The project pertains to Phase
OMG (BETWEEN 2006-2009) AGREEMENT post bail for P60,000
government P3.9 million project cost in these private CEO of the government-run
annually
Complainants claim the Ombudsman failed to act on
the cases and pleadings they had filed on the issue.
companies’ proposals were
cheaper than ZTE’s.
LOZADA Philippine Forest Corp and
consultant of the NEDA, confirmed
having illegally withdrawn the
money, but after committing to
USD$33 MILLION
(WB LOAN)
1 of the USD$33M National
Roads Improvement and <1 Average
Per Year OUT OF THE 604 PERSONS WHO WERE PROSECUTED,
THE OMBUDSMAN ONLY CONVICTED 3 OF THEM P300 million Surrender P135

3
Neri’s testimony that Abalos and FG replace it, the PNP withdrew Management Program Number of plundered Million
Arroyo were behind the kickbacks in the charge against him. (NRIMP-1)
2009 convictions ‘06-’09 BETWEEN 2006-2009
Neri testifies that Abalos allegedly the deal.
Hontiveros filed a complaint against the police before the told him “Sec, may 200 ka dito.” (You
1 Office of the Ombudsman. have 200M pesos in this deal) Abalos Sen. Panfilo Lacson alleged that
On March 2010, Pestaño’s death was declared by denied making the apparent bribe E.C. de Luna Construction Corp. These numbers are based on Sandiganbayan’s computation, which is different
attempt. (one of the debarred contractors) from the Ombudsman’s computation of persons convicted
PROVIDES the United Nations Human Rights Committee
1 2

50,485
1 3 is a dummy for First Gentleman
(UNHRC) as a “homicide,” saying the Philippine
Mike Arroyo Conviction rate is computed as the number of cases that resulted in convictions, including
government failed to conduct an “impartial, OMG ruled in favor of the PNP and upheld the legality of the arrest BUILD
PROVIDES BUILD

600
PUBLIC effective, and timely” investigation. and the involuntary detention of Hontiveros. 1 HOSPITAL FEEDING guilty pleas over the number of decided cases by the Sandiganbayan as brought forward

11,650
On 9 October 2007, then Rep. Risa Hontiveros filed a complaint for Corruption (violation of Article 212 of the

=
SCHOOL by the Ombudsman.
RPC) before the Ombudsman against former Abalos. It was only on August 27, 2009 (almost two years from the
people OR
WITH filing of the complaint) did the Ombudsman issue its resolution to file the criminal case against Abalos. PUBLIC

= =
OMG is accused of “ignorance, incompetence” and OR
“deliberate filing of defective evidence” causing the dismissal There were four complaints filed before the Ombudsman against former FG Arroyo and former PGMA in
(includes breakfast, lunch, a snack,
and dinner )
A Referral Report was submitted to the Ombudsman
containing the summary of the investigation’s findings. Reports from the Office of the Ombudsman claim that their number of
SCHOOL campuses
BOOKS FOOD
of many cases against the government officials relation to the NBN-ZTE deal. All of them were dismissed and no active investigation was conducted by the The Referral Report identified private contractors, persons convicted from 2006-2009 total 910 persons WITH
Ombudsman. DPWH officials and Filipino public figures who have
TRANSPO-
FOR ONE DAY
SCHOOL
RTATION
(P20 STIPEND)
allegedly participated in the collusive scheme on the BOOKS FOOD
3 OR
SUPPLIES 4 OR World Bank-financed road projects.
OR SCHOOL TRANSPO-
2
PROVIDING No action was taken by the Ombudsman on either the SUPPLIES RTATION
(P20 STIPEND)
BUILD
FOR ONE SCHOOL YEAR
858
Oral Briefing or the Referral Report.
FUNDING PEOPLE WITH
VACCINES FOR ONE SCHOOL YEAR
2 OR 7 MILLION for the flu, hepatitis a 300 MILLION
PESOS ambulances and b, MMR, and PESOS
chickenpox 150sq. meter 2-storey family homes
BUILD FOR ONE DAY

1.3 BILLION
PESOS
2,600 campuses
The Ombudsman acted to investigate only in 2010.
According to the findings of the Senate Blue Ribbon Committee, the office of the Ombudsman was
deliberate in not gathering enough evidence and witness accounts which lead to granting the PBA to
Garcia:

“Thus, it seems that the Ombudsman has made it a habit not only to sit on cases, thereby delaying
them; but also ignoring the presence of the grounds with which to file cases.” - published in the
Absolved all respondents involved in the Mega Pacific Senate Blue Ribbon Committee Report
controversy of all administrative and criminal liabilities
‘for lack of probable cause.’"