SC junks Ombudsman appeal vs impeach raps in House

MANILA, Philippines — (UPDATE) The Supreme Court has given the go-signal for Congress to proceed with the impeachment complaint against Ombudsman Merceditas Gutierrez.

Voting 7-5-2, the high court, through Spokesman Jose Midas Marquez, said the high court dismissed Gutierrez' motion for reconsideration.

"The House of Representatives can now proceed with the impeachment proceeding," Marquez said at a press conference Tuesday held at the Supreme Court's en banc session hall.

Marquez explained that the dates of the filing of the two complaints were not an issue for as long as the House justice committee conducts only one proceeding for the two complaints.

Gutierrez, in her appeal, claimed that allowing multiple impeachment complaints would seriously set a negative precedent.

"The House... or any government entity for that matter, cannot in its own procedural rules, mandate the application of certain Rules and then disregard them on whim or caprice," the lawyers said. "(W)e cannot promulgate rules with the solemnity of a statute and disregard it like a joke. If law is founded on reason then whim or fancy should play no part in its application,” they added.

They argued that unless the rule on duplicity is applied in impeachment cases, a complainant can allege multiple impeachable offenses that "will not only wreak havoc upon the respondent in preparing her defense and in performing her official functions; it will also prevent the House from performing its principal function of making laws."

Marquez said Gutierrez can no longer file an appeal.

"Jurisprudence tells us that a second motion for reconsideration is prohibited…," Marquez said.

In its decision, dated February 15, the high court found the Ombudsman’s allegation of bias and vindictiveness bereft of merit, “there being hardly any indication thereof.”

Two groups have filed separate impeachment complaints against Gutierrez for allegedly failing to act on the corruption and human-rights violation cases filed against former President now Pampanga Representative Gloria Macapagal Arroyo.

The Justices who voted for the continuation of the impeachment included Associate Justices Antonio Carpio, Conchita Carpio-Morales, Jose Mendoza, Roberto Abad, Maria Lourdes Sereno, Antonio Eduardo Nachura and Martin Villarama.

The Justices who dissented from the majority were Chief Justice Renato Corona, Arturo Brion, Lucas Bersamin, Teresita Leonardo De Castro and Diosdado Peralta.

Concurring in part were Associate Justices Mariano Del Castillo and Jose Perez, who both said that while the second impeachment complaint might be prohibited under the Constitution, “there is no hindrance for Congress to proceed with the first impeachment complaint to proceed.” (report from Tetch Torres, Inquirer.net)