Like many citizens of this distressed republic, law-yer Ernesto B. Francisco Jr. who follows the ongoing Senate investigation on multi-billion national broadband network and its seemingly anomalous awarding to the Chinese government-owned firm, ZTE Corporation, is very concerned that certain big personalities and high government officials who have been prominently mentioned as having played a major role in the deal might be spared from investigation especially with the recent announcement of Gloria Arroyo that the project would suspended.
Since he knows the law better than most of us, Francisco last Monday filed a request with the Ombudsman to investigate Comelec chairman Benjamin Abalos and Gloria Arroyo’s husband, Mike Arroyo.
Francisco said: “As a lawyer, it is my duty to do everything within my capability to help ensure that no one is spared from investigation and all those who may be involved are accordingly charged and, if proven guilty, punished in accordance with law. I believe that this is the only way that we, as a people, can be spared from similar controversy or embarrassment in the future.”
His request basically is for the Office of the Ombudsman to immediately investigate. Abalos, Jose Miguel T. Arroyo, and certain John Does and Jane Does, to determine the extent of their involvement and participation in the government’s National Broadband Network Project deal with ZTE Corporation.
Francisco said his request is pursuant to o the provision of Section 22 of R.A. 6770, otherwise known as “The Ombudsman Act of 1989,” which provides that the office “shall have the power to investigate any serious misconduct in office allegedly committed by officials removable by impeachment, for the purpose of filing a verified complaint of impeachment, if warranted.”
This covers Abalos, who as head of a constitutional body, can only be removed by impeachment.
The Ombudsman Act provides that “in all cases of conspiracy between an officer or employee of the government and a private person, the Ombudsman and his deputies shall have jurisdiction to include such private person in the investigation and proceed against such private person as the evidence may warrant. The officer or employee and the private person shall be tried jointly and shall be subject to the same penalties and liabilities.”
In his Senate testimony, Joey de Venecia said Abalos brokered the deal between the government and ZTE.
Joey is the son of House Speaker Jose de Venecia and president of Amsterdam Holdings Inc, the losing bidder in the P16 billion national broadband project. He disclosed that Abalos offered him $10 million to get out of the project. There is also a report that Abalos offered then NEDA chief Romulo Neri $4 million (P200 million) for him to recommend approval of the ZTE proposal.
The people are waiting for Neri to confirm or deny that report in the Senate investigation today.
Mike Arroyo’s inclusion in Francisco’s request for investigation stems from Joey de Venecia account that he was ordered by Gloria Arroyo’s husband to “back off” from the project.
Joey de Venecia related that sometime last March Transportation Secretary Leandro Mendoza arranged a reconciliation meeting with Abalos at the Wack-Wack Golf Clubhouse in Mandaluyong City.
Aside from Abalos and Mendoza there were other persons in the room. One of them was Mike Arroyo. At one point of the meeting when Joey seemed not amenable to dropping out of the project, Arroyo thrust a finger at his face and told him: “Back off”.
Francisco said there is an urgent need to investigate Mike Arroyo because under Executive Order No. 317, which prescribed a code of conduct for relatives of the president of the Philippines, a violation of any of the prohibited acts or omissions and transactions provided therein and in the Constitution and existing laws, will not only result in criminal liabilities under existing laws, but furthermore, all agreements, contracts, and any other transaction entered into with the government shall be deemed void and of no effect.
He said this EO covers the president, vice president and members of the Cabinet and their relatives.
The EO defines “relative” as any and all persons related to these officials within the fourth civil degree of consanguinity or affinity, and shall include any offspring of the president, vice president and members of the Cabinet and the parents of such offspring, as well as those related to the latter within the fourth civil degree of consanguinity or affinity.
Francisco’s request to the Ombudsman is a test case whether justice really works in this country, even to those who are in power.
Do we really have an honest to goodness ombudsman?
What test case? Ombudsman Merceditas Gutierrez had absolved Commission on Elections (COMELEC) officials from liability for the voided P1.3-billion poll automation contract with Mega Pacific Consortium. Miguel Arroyo and Benjamin Abalos are untouchables under corrupt Arroyo regime. The appointment of Merceditas Gutierrez to the Office of the Ombudsman is purposely to protect Gloria Arroyo and her cohorts. The Joc-Joc Bolante’s fertilizer scam and IMPSA’s Nani Perez bribery scandal are gathering cobwebs at the Ombudsman. The Godfather is safe for now.
DKG,
So what should be done to Merceditas Gutierrez that she is a useless and incompetent official performing only for the welfare of the fake president? Paano ba siya tanggalin sa pwesto? How do we remove an appointed official?
Luzviminda:”Paano ba siya tanggalin sa pwesto?”
I guess, report to Millenium Corporation, the donor of the P1-Billion Millenium Challenge Account, that Gutierrez, by direct action or omission, has wasted the fund and the big-time crooks remain in control. One proof is the ZTE deal.
Abalos was exonerated by Gutierrez from the Comelec computerization scam despite the Supreme Court’s positive findings. He still wields the same influence and if the Supreme Court finally decides ZTE deal is legal, Abalos (with his cohorts) again makes billions!
It seems we cannot have justice in this country anymore.
I think the Supreme Court can remove Merceditas Gutierrez.
si merceditas gutierrez ay isang tuta ng rehimeng GMA,noong panahon ng eleksyon 2004,habang siya ay nasa DOJ, isa siya kasama ang mga alipores ni GMA na sila abalos,claudio, mike defensor,saludo at bunye na sabay sabay lumalabas sa media at tinatakot ang mga election watch dog kasama ang mga radyo,tv na kakasuhan nila sa nagpapalabas ng resulta na si FPJ ay nananalo kay GMA,alam niya na si GMA ay natalo noong 2004 eleksyon kay FPJ, ngunit tinatakot at ipasasara ang mga tv, rado at pahayagan na nag papalabas ng kalamangan ni FPJ noong 2004 eleksyon!siya po ay isang tao na kaya andyan sa pamahalaan ay upang maging silbing tagapagtanggol sa lahat ng katiwalian ng huwad na pamahalaan ni GMA at ni FG!
after all the dancing in the street and upon removal of this evil GMA who up to now pretends to be the leader of the filipino people,let us not forget to punish and put in jail ms merciditas gutierrez and all GMA`s evil minions who puts us in this kind of nightmare!!
Sigurado na may ‘napapakinabang’ din si Ombudsman Gutierez sa pagpapawalang-sala sa mga corrupt na na kasangga niya. Alangan naman na walang kapalit ang pagpapakapal niya ng mukha sa di pagpansin sa mga dapat kasuhan at pagpapalusot sa mga nakasuhan na kasangga niya. Malakas ang hatak ng pera! Ikaw na ang maging Ombudsman!
Why would it take a private lawyer to prod the people entrusted and were invested powers to investigate and bring wrongdoers to court to answer for their debts to society? In comparison U.S. Attorneys could have not brought the Indictments to the Enron Executives, the Conrad Black, even Martha Stewart it they have to be awaken up and do their jobs. Actually, never seen an Ombudsman who has the power of Prosecutors anywhere except the Philippines. Ombudsman and we have all kinds of them, from Media Entities, the Big Corporations, Governments and their jobs are mostly investigating public complaints against the Media, the Government Employees and their conducts and report their findings to the complainants or proper authorities and recommendations for possible corrective measures and could also ask the Police Authorities to conduct further investigations if Crimes could have been committed.
Now if you review the records of the Ombudsman as an impartial and independent prosecutor in the country, you’ll find out that He or She is just an Extension of the Executive Branch, doing its bidding. It is a useless appointed body, that its could have been done by a career Public Chief State Prosecutor..another duplication that serves no purpose other than dancing with the Queen…
Francisco said: “As a lawyer, it is my duty to do everything within my capability to help ensure that no one is spared from investigation and all those who may be involved are accordingly charged and, if proven guilty, punished in accordance with law. I believe that this is the only way that we, as a people, can be spared from similar controversy or embarrassment in the future.”
Lord! Lord have Mercy! Finally Atty: Francisco is exercising his duty not only as a lawyer but, also an officer of the court. Not, some lawyer who could not walk the talk. But, a big question mark in the making. Can he get result to his request .I hope it is not another play.
Fiscal, Metropolitan Trial Court, Regional Trial Court, Court of Appeals, Ombudsman, Sandiganbayan, Supreme Court…all these submit to the wishes of this evil leader in the Palace.
Huwag na kayong magtaka kung bakit walang nangyayari sa mga kaso…talo kung kalaban ng Malacanang at panalo naman kung kakampi.
Atty Francisco may have taken the first big step towards expulsion, a familiar nasty path meeting headlong the powers in being. Where have all thase earlier heads roll?
It’s refreshing to hear about this lawyer and the likes of Atty. Roque, Capulong, Colmenares, et al, whom I would be willing to help raise funds if in case they plan to join hands together and organize a more powerful, less corrupted bar association unlike the bar associations there that protect the likes of their Fatso and other corrupt lawyers who deserve the unpalatable title, “abogago de kalembang!” Love that title that I first heard from my long-deceased grandmother, whose fight for the lands left to her by my grandfather was a precedence and I understand being studied by wannabe lawyers there. The purpose is of course to get rid of the likes of Gloria Dorobo and Company, and better protection for the less privileged who cannot afford to have a lawyer to sue these crooks!!!
Good luck to Atty. Francisco. Is he also from UP? Despite the dismal showing of fellow UPians, somehow, I still have faith that the state university that should have been kept as a citadel of truth is still worth my loyalty.
I salute all graduates of the UP College of Law who are trying to be what they were expected to be—defenders of the oppressed, truth and right!!!
This Maldita Gutierrez does not serve the Filipino people but the people who have appointed her to protect them for their crookedness SHOULD be removed. It is an imperative order from majority of the people of the Philippines.
Lead on Atty. Francisco! I know a lot many disgruntled Filipinos are behind you!!!
Sayang lang ang panahon sa pagpasa ng mga kaso na may kinalaman sa mga Pidal kay Merceditas Gutierrez. Dapat ay tanggalin na ang tanggapang ‘yan, walang pakinabang ang bayan at pinoys!
may aasahan pa ba tayong matinong gagawin si merceditas? kung yung tungkol nga kay jocjoc, pinainit niya lang sa puwit yung kaso, eto pa?
hay naku, ito ang nangyayari pag wala na kahit gahiblang credibility ang gobyerno. lahat, pagdududahan na.
tsktsk poor creatures, nadamay sa kabuktutan ni gloria. choice nila naman eh. they could have done something better and upright, kaso, mas mabango ang pera at pag nasa poder eh.
Off topic:
Bishop Socrates Villegas and other bishops sent by Manila Archbishop Gaudencio Cardinal Rosales kicked out from Church sanctuary two whistle-blowers of the “Hello Garci” tapes at the height of the electoral fraud scandal in June 2005.
Seven persons, including ex-Sen. Sergio Osmeña III and Makati Mayor Jejomar Binay, told a Senate hearing Tuesday that the Catholic Church hierarchy told lawyer Samuel Ong and former military intelligence agent Vidal Doble Jr. to leave the San Carlos Seminary premises.
DKG,
So what should be done to Merceditas Gutierrez that she is a useless and incompetent official performing only for the welfare of the fake president? Paano ba siya tanggalin sa pwesto? How do we remove an appointed official?
We have no choice… but to assassinate. wala na silang takot sa batas. Dahil Batas ng bayan ay hawak nila. The only solution to stop this political crisis and lies… His TO KILL THEM… assassinate the FAKE PRESIDENT.
kung ang mga kasong nilimliman ni merceditas gutierrez ay itlog, siguradong matagal na ‘yung napisa at hindi nabugok!
klasmeyt ni ip (PIG)dye, ano’ng aashan natin kundi pagtakpan ang lahat ng baho ng mag-anak at kaalyado, di ba?
nakakainis ang mga katulad nila. nasabing mataas ang posisyon sa pamahalaan subalit mas masahol pa sila sa mga timawang hayok kahit sa bulok na pagkain!
Now I know who was beside GMA praying inside the Malate Church recently. I was trying to figure out who that mestiza looking woman who closed her eyes with her head raised high praying.
Si Merceditas Gutierrez pala iyon!
RE: mestiza looking woman si Merceditas Gutierrez???ABZTEFG$%
Pareko, malabo yata ang iyong mga mata. Mestisang baboy puede pa.
Diego, hindi porke mestiza eh maputi at maganda na. I didn’t say she’s Spanish or Chinese mestiza. Mestisang Aeta iyon.