Senate blue ribbon calls for Ombudsman's resignation

The Senate blue ribbon committee today called for the immediate resignation of Ombudsman Merceditas Gutierrez over her apparent inaction on the P728-million fertilizer fund scam, allegedly engineered by former agriculture undersecretary Jocelyn Bolante.

Independent Senator Richard J. Gordon, committee chairman, made the call in a 130-page committee report he has submitted, strongly denouncing the Ombudsman's apparent failure to address the people's cry for justice and resolution of the fertilizer fund scam.

"The Ombudsman failed to do its duty when no resolution was made on this case even after more than a thousand days. We denounce its inaction in the strongest possible terms. It seems that instead of apprehending the caravans of thieves, the Ombudsman has turned a blind eye and has allowed them to go on their merry way," he said.

"To be sure, there are already serious and mounting calls for her resignation, and we support them. Instead of being part of the solution to corruption and justifying the existence of its office, it has instead become part of the problem, worsened the climate of corruption and given cause for its abolition," he added.

According to Gordon, the Ombudsman should decide on the cases pending before them for nearly 1,300 days, stressing that it is now time for the law enforcement agencies and the prosecution arms of the government to perform what it was originally tasked to do so.

"The Ombudsman has motu propio powers to conduct an investigation into wrongdoings of government officers. Had it exercised its powers more aggressively, the resolution of the fertilizer scam and other issues related to it could have been yesterday's news," he said.

As early as June 2006, it may be recalled that the Ombudsman had received the report and recommendation of the Task Force Abono on its investigation into the fertilizer fund scam, but it did not take any action to stop what Gordon referred to as "the pack of wolves and clan of hyenas," who robbed the government, from getting away scot-free.

The Task Force Abono, which the Ombudsman itself created to look into the fertilizer fund anomaly, had recommended the filing of graft charges against Bolante and other suspected erring officials.

Ombudsman investigators reportedly found that the purchased farm equipment were overpriced by as much as 200 to 300 percent, an absence of public bidding required by law, and the illegal use of public funds.

Gordon stressed that the Ombudsman must be held accountable for allowing people to get away with crime and the Senate will not hesitate to exercise its constitutionally mandated powers to ensure this.

"The Senate will not hesitate to exercise its power of the purse as well as other legislative and constitutional powers to enact wholesale reforms in the Office of the Ombudsman and remove its occupants, if not effect its de facto abolition," he said.

Gordon also recommended that should the Constitution be amended after the 2010 elections, the post of the Ombudsman should be made into elective than appointive to ensure that the next Ombudsman will not owe its loyalty to any entity.

"We can, by making the position elective, ensure more its independence from the Executive than what we have now. We need an Ombudsman beholden only to the people," he said.