The Philippine Ombudsman Merceditas Gutierrez was impeached by the House of

Representatives on charges of the office's alleged underperformance and failure to act

on several cases during the presidency of Gloria Macapagal-Arroyo. She became the
second official after President Joseph Estrada in 2000 to be impeached.

While the first impeachment complaint against her was filed in 2009, it was dismissed
later in that year in a 14th Congress dominated by Arroyo's Lakas Kampi CMD party. In
2010, with the election of Benigno Aquino III of the Liberal Party as president and the
concurrent elections to the House of Representatives and the subsequent political
realignment, two impeachment cases against her were voted as sufficient in form,
substance and grounds, and the House of Representatives Committee on Justice had
found probable cause on alleged betrayal of public trust as based on the two complaints.

On March 22, 2011, the House of Representatives voted to impeach Gutierrez, sending
the committee report as the Articles of Impeachment to the Senate which will act as an
impeachment court. A vote of at least two-thirds (16) of all senators (24) is required to
convict Gutierrez and remove her from office. However, Gutierrez resigned on April 29,
2011, thereby canceling the impeachment trial of the Senate.

Background

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 Votes Total
Step
needed members

Approval by the
Committee on
Justice*
Sufficient in form

Sufficient in
substance 28 55

Sufficient in
grounds

Determination of
probable cause

Approval by the
House of 95 284
Representatives

Conviction by the
16 24
Senate
*While only a majority of the regular members
(28) is needed to pass a vote, the votes of the
ex officio members such as the Deputy
Speakers are counted.

The ombudsman is one of the several impeachable officials: the others being the
president, vice president, justices of the Supreme Court and the members of the
constitutional commissions (Audit, Civil Service and Elections). The following acts are
considered as impeachable offenses: culpable violation of the Constitution, treasons,
bribery, graft and corruption, other high crimes, and betrayal of public trust.
Furthermore, only one "impeachment proceeding" is allowed to be held against an
official in a year, although the definition of the term "impeachment proceeding" and
"year" have been vague. The House of Representatives has the sole power to impeach,

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 while the Senate has the sole power to try the impeached official. The House of
Representatives needs one-third of its members to impeach an official, while the Senate
needs to muster two-thirds of its members to convict.[1]

2009 case

In 2005, Merceditas Gutierrez was appointed by President Gloria Macapagal-Arroyo as

ombudsman, succeeding outgoing Simeon Marcelo who had resigned. After her
appointment, several figures of the Arroyo administration were involved in political
scandals such as the NBN-ZTE controversy, the Fertilizer Fund scam, the Euro Generals
scandal, among others.

In 2009, a group of civil society personalities led by former Senate President Jovito
Salonga filed an impeachment case against Gutierrez on March 2. The complaint,
referred to the Committee on Justice headed by Arroyo's partymate at Lakas Kampi
CMD Matias Defensor, Jr. of Quezon City, cited these issues:[2]

Deliberate and inordinate action in the World Bank road project worth US$33 million

Deliberately ignoring the Supreme Court's ruling dismissing the deal between Mega
Pacific Corporation and then Commission on Elections chairman Benjamin Abalos
worth PHP1.3 billion

Filing late and defective information that undermined the cases against former Justice
Secretary Hernando Perez, who was charged with extorting money from former Manila
Rep. Mark Jimenez

Gross inexcusable inaction on the cases filed by the Senate, former solicitor general
Francisco Chavez and murdered journalist Marlene Garcia-Esperat on the Fertilizer
Fund scam worth PHP1 billion;

Failing to promptly resolve the Euro Generals scandal case despite evidence and
admission by the Philippine National Police comptroller, Director Eliseo de la Paz

Committing grave abuse in dismissing and suspending local government officials,

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 specifically Iloilo Governor Niel Tupas, Sr. and Bataan Governor Enrique Garcia.

On November 18, the House Committee on Justice dismissed the case; while deeming
the complaint "sufficient in form," it was deemed as not "sufficient in substance." The
committee report stated that "The factual allegations are, at best, a rehash of the
allegations for the impeachable offense of betrayal of public trust," and that the
suspensions of Tupas and Garcia were justifiable. The report was brought to the plenary
on November 18.[3]

2010 cases

In 2010, two impeachment cases were filed against Gutierrez, both by left-leaning
parties: first from Akbayan Citizens' Action Party and one from the Bagong Alyansang
Makabayan (BAYAN; New Patriotic Alliance). These two complaints were referred to the
Committee on Justice which is now chaired by Iloilo's 5th district representative Niel
Tupas, Jr. of President Aquino's Liberal Party at August 22.

While Akbayan and BAYAN are both left-leaning parties, they are ideological rivals.

Complaints

Akbayan complaint

On July 2010, former Akbayan representative Risa Hontiveros-Baraquel led the filing of
an impeachment complaint against Gutierrez. The complaint cited these issues:[1]

Low conviction rate of the ombudsman

Failure to act promptly on the Philippine National Broadband Network controversy

Incurred inexcusable delay in the investigation on the death of ensign Philip Pestaño

Legitimized the arrest of Hontiveros by the police at the height of the Hello Garci
scandal

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 Failure to investigate Arroyo's PHP1 million dinner at New York's Le Cirque restaurant

Failure to act on the Mega Pacific scandal, among others

Refusal to grant ready access to public records such as the Statement of Assets, Net
Worth and Liabilities of former Pampanga Rep. Mikey Arroyo.

BAYAN complaint

BAYAN filed their own case on early August 2010. Led by Renato Reyes, BAYAN cited
these issues on their complaint:[4]

Failure to act on the Fertilizer Fund scam

Failure to act on the Euro Generals scandal

Failure to act on the Mega Pacific scandal

Sufficient in form and substance

The House of Representatives' Committee on Justice voted on September 1, 2010 that

the two complaints are sufficient in form. With the result, further hearings would be held
to determine if the two complaints are sufficient in substance.[5]

A week later, the committee voted that the two complaints are sufficient in substance:
the first complaint passed via a 41–14 vote, while the second complaint passed with a
41–16 vote, with Pwersa ng Masang Pilipino (PMP; Force of the Filipino Masses)'s Rufus
Rodriguez of Cagayan de Oro's 2nd district abstaining as he refused to recognize the
second complaint. The committee vote was the first time an impeachment complaint
was deemed to be sufficient in substance since the Arroyo presidency. The minority bloc
tried to delay the vote by objecting the approval of the minutes, and denying that they
were supplied with copies of the complaints, even if their staff had earlier stated that
they had received them. Lakas Kampi CMD's Simeon Datumanong of Maguindanao's
2nd district insisted that the second complaint be barred; Majority leader Neptali
Gonzales II of Mandaluyong answered that while the constitution forbids two
impeachment proceedings, it does not forbid two impeachment complaints, adding that
the two complaints can be consolidated for they were simultaneously referred to the

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 committee.[6]

On the same day, Iloilo 4th district Representative Ferjenel Biron and former Iloilo vice
governor Rolex Suplico of the Nacionalista Party disclosed that Tupas had a pending
case on the ombudsman, and that he should recuse himself from the proceedings.
Suplico filed a complaint against Tupas on the latter's alleged "ghost seminars" while he
was still a member of the Iloilo Provincial Board.[7] Tupas defeated Suplico in the 2010
Iloilo 5th district House of Representatives election, while Biron defeated Tupas' father in
the 2010 Iloilo 4th district House of Representatives election.

Supreme Court's status quo ante order

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 How the justices voted
Justice Granting[8] Lifting[9] Reconsideration[10]

Corona Concurred Dissented Dissented

Carpio Dissented Concurred Concurred

Carpio-
Dissented Concurred Concurred
Morales

Mendoza On leave Concurred Concurred

Abad Concurred Concurred Concurred

Sereno Dissented Concurred Concurred

Nachura On leave Concurred Concurred

Villarama Concurred Concurred Concurred

Brion On leave Dissented Dissented

Bersamin Concurred Dissented Dissented

De Castro On leave Dissented Dissented

Peralta Concurred Dissented Dissented

Del Castillo Concurred Concurred Concurred partially

partially

Concurred
Perez Concurred Concurred partially
partially

Velasco Concurred Recused Recused

Concurrence 8 7 7

Dissention 3 5 5

On September 13, Gutierrez filed a petition for certiorari and prohibition to the Supreme
Court to stop the impeachment proceedings against her. Gutierrez cited the one-year
ban hearing more than one impeachment proceedings. Tupas said that in a previous

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 decision, the Supreme Court allowed two separate complaints initiated at the same
time.[11] The next day, the court granted Gutierrez a status quo ante order, or all parties
should observe the conditions prior to the proceedings, thereby suspending
impeachment proceedings against her.[12]

The representatives protested the status quo ante order, with Akbayan representative
Walden Bello saying that "it is an interference with the prerogative of a co-equal branch
of government," adding that only Congress can "promulgate" its own rules on
impeachment. Speaker of the House of Representatives Feliciano Belmonte (Liberal,
Quezon City–4th) had earlier said that while it respects the court's decision, the House
of Representatives will proceed with its impeachment proceedings. The move was seen
to benefit Gutierrez, and former president and now Pampanga 2nd district representative
Arroyo;[13]

Five months later on February 15, 2011, the Supreme Court dismissed their status quo
ante order, "thereby effectively allowing the House committee on justice to proceed with
the impeachment," said court spokesman Midas Marquez. There were seven justices
concurring, five dissenting, and another two concurring on allowing the first of the
complaints from proceeding; Justice Presbitero Velasco recused himself as his son is a
member of the House of Representatives (representing Marinduque as member of the
Lakas-Kampi). Marquez said that while there were two separate complaints, "there is
only one proceeding." The court ruled that since Gutierrez can still file an answer, hence
there was no violation of due process.[9]

However, further hearings were held off as the Supreme Court as not given a final
decision on Gutierrez's petition. Speaker Belmonte said that the committee cannot meet
until the court's decision is finalized.[14] Meanwhile, the executive announced that it
would not interfere with the proceedings at the House of Representatives.[15] On
February 22, the committee voted to resume their impeachment hearings in a 21–5 vote,
after a meeting with Belmonte, who became convinced that the committee can proceed
even without the court's final decision, as stated by Deputy Speaker Lorenzo Taňada III
of the Liberal Party from Quezon's 4th district.[16]

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 Supreme Court Justice Maria Lourdes Sereno later disclosed that the Supreme Court did
not debate on the merits on Gutierrez's petition, saying that "several members of the
court" had not seen the petition, and that no resolution was made; spokesman Marquez
just delivered a news conference to announce the court's ruling. Sereno is the sole
appointee of President Aquino; the other 14 justices are appointed by Arroyo.[17]

Sufficient grounds

A day before the committee (February 28) met to decide if the two complaints are
sufficient in grounds, Gutierrez filed before the Supreme Court a motion for
reconsideration.[18]

At the hearing, Alagad party-list representative Rodante Marcoleta questioned if the

committee should wait for the court's decision on Gutierrez's motion for reconsideration.
After the minutes of the previous meeting was approved, Nacionalista Party member
Marc Douglas Cagas IV from Davao del Sur's 1st district motioned to reconsider the
approval of the minutes, which was denied by vice chairperson Rodolfo Fariñas
(Nacionalista, Ilocos Norte–1st) since Cagas was absent at the previous meeting. After
several minutes of arguing whether to wait for a Supreme Court decision, Rodolfo Albano
(Lakas-Kampi, Isabela–1st) motioned to wait for the decision; the motion was defeated
8–37. Tupas read a letter submitted by Gutierrez, and the representatives debated anew
on whether to wait for the court's decision; Fariñas later bared his plan on filing
impeachment cases against the justices for not reading Gutierrez's petition before
issuing the status quo ante order. The committee ultimately voted that both complaints
were sufficient in grounds, with the first complaint passing on a 41–12 vote, and the
second complaint approved on a 42–12 decision.[19]

Determination of probable cause

The day before the hearing for the determination of probable cause, the Liberal Party
members of the House of Representatives adapted a position to support the

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 impeachment proceedings at a meeting where President Aquino attended. Apart from
the Liberals, seven representatives from militant parties support the impeachment of
Gutierrez.[20]

Gutierrez, who had been boycotting the hearings of the committee, instead sent her
lawyer and a reply at the March 8 hearing. On her reply, she stated that "She cannot
produce documents because this would render, according to her, moot and academic
the issues raised in the motion for reconsideration with the Supreme Court," said Tupas,
quoting Gutierrez. She further said that the subpoena given to her was oppressive, and
that she has confidentiality of records.[21] She instead attended a press conference of
the Catholic Bishops Conference of the Philippines where she branded the committee as
a "kangaroo court," citing that as a reason for her non-appearance. Gutierrez said that
the proceedings were a "partisan political exercise," and that she denied asking for
support of Representative Arroyo and her allies in the House of Representatives.[22]

At the hearing, the representatives from the minority hit the lack of due process
accorded to Gutierrez, and the railroading of the proceedings. To emphasize the point,
minority leader Edcel Lagman (Lakas-Kampi, Albay–1st) and Pedro Romualdo (Lakas-
Kampi, Camiguin) brought with them a stack of documents two feet high delivered to
them the day before, on which they have to read to make an intelligent assessment of
the complaints. Representative from Iloilo's 2nd district Augusto Syjuco asked Tupas to
recuse himself as he has a pending case before the ombudsman, but Tupas dismissed
his request. Deputy Speaker Raul Daza (Liberal, Northern Samar–1st) remarked that
Gutierrez had already been given enough time to respond to the complaints.[10]

While the hearing was ongoing, the Supreme Court dismissed Gutierrez's motion for
reconsideration as the committee did not violate the one-year ban on multiple
impeachment proceedings, with the spokesman explaining that "These two complaints
were received (by the Justice committee) at the same time. Provided there is only one
proceeding – regardless of number of complaints – the impeachment proceeding can go
on," adding that the decision was final and no more appeals would be accepted. After
the committee was notified of the court's decision, the committee decided to put to a

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 vote in determining probable cause. The first (Akbayan's) complaint was voted upon
first, and passed with a 39–12 vote and one abstention, while the BAYAN complaint also
passed via 39–6 vote, with one abstention; the abstentions came from Lagman.[10]

Result of the vote

These were the results of the votes according to the Justice Committee:[23]

First Second
Representative Party Bloc District
complaint complaint

Rodolfo Fariñas Nacionalista Majority Ilocos Norte–1st For For

Miro Quimbo Liberal Majority Marikina–2nd For For

Oriental Mindoro–
Reynaldo Umali Liberal Majority For For
2nd

Andres Salvacion, Jr. Liberal Majority Leyte–3rd For For

Roy Loyola Liberal Majority Cavite–3rd For For

Ronald Cosalan Liberal Majority Benguet For For

Carlo Lopez Liberal Majority Manila–2nd For For

Winston Castelo Liberal Majority Quezon City–2nd For For

Joseph Emilio Abaya Liberal Majority Cavite–1st For For

Henedina Abad Liberal Majority Batanes For For

Ma. Evita Arago Liberal Majority Laguna–3rd For For

Negros Oriental–
Jocelyn Limkaichong Liberal Majority For For
1st

Irvin Alcala Liberal Majority Quezon–2nd For For

Teodoro Baguilat, Jr. Liberal Majority Ifugao For For

Eleandro Madrona Nacionalista Majority Romblon For For

Ma. Theresa Bonoan- Lakas-

Majority Manila–4th For For
David Kampi

Lakas- Negros

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 Alfredo Marañon III Kampi Majority Occidental–2nd For For

Lakas-
Arthur Defensor Majority Iloilo–3rd For For
Kampi

Kaka Bag-ao Akbayan Majority Sectoral For For

Mylene Garcia-Albano Liberal Majority Davao City–2nd For For

Lakas-
Danilo Fernandez Majority Laguna–1st For For
Kampi

Mark Sambar PBA Majority Sectoral For For

Senior
David Kho Majority Sectoral For For
Citizens

Isidro Ungab Liberal Majority Davao City–3rd For Not around

Roilo Golez Liberal Majority Parañaque–2nd For For

Rodolfo Biazon Liberal Majority Muntinlupa For For

Teodoro Casiño Bayan Muna Majority Sectoral For For

Emmeline Aglipay DIWA Majority Sectoral For For

Marcelino Teodoro* Liberal Majority Marikina–1st For For

Northern Samar–
Raul Daza* Liberal Majority For For
1st

Lorenzo Tanada III* Liberal Majority Quezon–4th For For

Lakas- Dasmariñas
Elpidio Barzaga* Majority For For
Kampi (Cavite–4th)

AAMBIS-
Sharon Garin Majority Sectoral For For
Owa

Maria Isabelle Zamboanga City–

Liberal Majority For For
Climaco* 1st

Paolo Javier* Liberal Majority Antique For For

Lakas-
Janette Garin* Majority Iloilo–1st For For
Kampi

Lakas-

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 Roman Romulo* Kampi Majority Pasig For For

Jorge Banal, Jr.* Liberal Majority Quezon City–3rd For For

Sherwin Tugna* CIBAC Majority Sectoral For For

Lakas-
Pedro Romualdo Majority Camiguin Against Against
Kampi

Lakas-
Simeon Datumanong Minority Maguindanao–2nd Against Against
Kampi

Lakas-
Rodolfo Albano Minority Isabela–1st Against Against
Kampi

Lakas-
Orlando Fua Minority Siquijor Against Not around
Kampi

Giorgidi Aggabao NPC Majority Isabela–4th Against Against

Lakas-
Danilo Suarez Minority Quezon–3rd Against Not around
Kampi

Lakas-
Augusto Syjuco, Jr.* Minority Iloilo–2nd Against Against
Kampi

Lakas- Agusan del Norte–

Jose Aquino* Minority Against Not around
Kampi 1st

Lakas- Occidental
Amelita Villarosa* Majority Against Against
Kampi Mindoro

Lakas-
Edcel Lagman* Minority Albay–1st Abstained Abstained
Kampi

*ex-officio members

Referral to the plenary

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 Summary of votation

Akbayan BAYAN
Votes
Motion complaint complaint Date
needed
Y N A Y N A
Sufficient in September
39 1 0 31 9 0 28
form 1, 2010
Sufficient in September
41 14 0 41 16 1 28
substance 7, 2010
Sufficient March 1,
41 12 0 42 12 0 28
grounds 2011
Determination
March 8,
of probable 39 12 1 39 6 1 28
2011
cause

Votes
Motion Y NA Date
needed
Referral of the March 22,
212 46 4 95
committee report 2011

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 Result of the plenary vote: for sectoral
representatives, each box represents
one representative, arranged
alphabetically. A "yes" vote is colored
yellow.

After the committee votes, the committee will submit a committee report to the plenary
which shall be voted upon by the entire House. The committee created an 11-man
prosecution panel in case the House of Representatives votes to impeach the
ombudsman, while a seven-man committee was formed to draft the report.[24]

The senators from the Liberal Party on the hand, say that they were not given
instructions on how to deal with an impeachment trial, as there were no senators present
at the aforementioned meeting. Sergio Osmeña III said that the president may have to be
more discreet on it, while Gregorio Honasan remarked that Aquino should "refrain from
making statements that will be misconstrued as partisan statements."[25] Senators
Honasan and Osmeña are independents.

Meanwhile, the executive department denied that President Aquino "gave marching
orders" to Liberal Party members of the House of Representatives, and that the

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 separation of powers was not violated.[26] This comes as members of the minority bloc
criticized Aquino for "dictating" to his allies in the House of Representatives, with
Lagman saying that impeachment is not solely political process but is "impressed with
judicial process."[27]

The committee report will include the following six allegations that will prove that
Gutierrez betrayed the public trust:[28]

Inaction of the ombudsman in the Fertilizer fund scam

Inaction of the ombudsman in the Mega Pacific scam

Inaction of the ombudsman in the Euro Generals scandal

Failure to make immediate complaints against former President Gloria Macapagal-

Arroyo and her husband Jose Miguel Arroyo due to the Philippine National Broadband
Network controversy

Delay in the investigation of the death of Navy ensign Philip Pestaño

Low conviction rate of the ombudsman

The following representatives shall compose the House of Representatives' legal team
that will present the committee report to the plenary. All are from the Liberal Party unless
stated otherwise:[29]

Niel Tupas, Jr. of Iloilo's 5th district

Rodolfo Fariñas of Ilocos Norte's 1st district (Nacionalista)

Reynaldo Umali of Oriental Mindoro's 2nd district

Lorenzo Tañada III of Quezon's 4th district

Raul Daza of Northern Samar's 1st district

Neri Colmanares (Bayan Muna sectoral representative)

Arlene Bag-ao (Akbayan sectoral representative)

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 Joseph Emilio Abaya of Cavite's 1st district

Another representative to be decided by the plenary

The weekend before the plenary votes on the committee report, Joseph Emilio Abaya,
chairman of the Committee on Appropriations, denied accusations that a text attributed
to him saying those who would not vote for the impeachment will not receive their share
of their pork barrel. Several non-Liberal Party representatives were angry with the text
message.[30] Meanwhile, Tupas disclosed that a "high-ranking officer" of the Iglesia ni
Cristo had been calling representatives to kill the impeachment complaint, or don't show
up at the vote. Bello remarked that this is against the separation of church and state.[31]

On March 21, the House of Representatives tackled the committee's report. Tupas, Daza,
Fariñas and Tañada delivered their sponsorship speeches in support of the committee
report.[32] After the sponsorship speeches, Representatives Lagman, Suarez, Marcoleta,
Carlos M. Padilla, Syjuco, Albano, Mitos Magsaysay and Cagas served as interpellators.
In the period of interpellation, Tupas gave way to Fariñas when it was Syjuco's turn to
interpellate. Syjuco then accused Tupas of vested interest; Deputy Speaker Arnulfo
Fuentebella (NPC, Camarines Sur–4th) reminded him "to avoid attacking personalities,"
and motioned to strike off Syjuco's remarks from the record for being "unparliamentary
language."[33] Syjuco, who called Tupas "a coward," was about to divulge the meeting
among Tupas, Tupas Sr., and Gutierrez; Tupas said that as being his godfather at his
wedding, he could not face Syjuco. Syjuco later cut short his interpellation, but after
accusing Tupas anew of using the impeachment as part of his senatorial ambitions.[34]

Before midnight, the impeachment was put through a vote, after which Deputy Speaker
Fuentebella announced the result. With 4 representatives abstaining, 47 against, and
210 for the impeachment, the House impeached Gutierrez.[35] The minority bloc,
Nacionalista Party and the NPC did not have a common stand but instead had a
"conscience vote."[34] Tañada announced a correction in the tally after some votes were
misrecorded, with the revised tally having 212 votes for impeachment, with 46 against
and four abstentions.[36] The NPC withdrew the conscience vote and voted for
impeachment as a bloc; the newly formed National Unity Party, a party created by

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 Lakas-Kampi defectors was split with some members led by Southern Leyte
representative Roger Mercado going against the party's "no" stand. The sectoral
representatives also voted for impeachment, in opposition to their leader Rodante
Marcoleta (Alagad) who was against. Gutierrez lambasted her impeachment, calling the
decision "flimsy" and "lamentable," saying that she did not receive fair treatment and
that she is prepared to face the Senate, and blaming "dark" politics with the Justice
Committee's undue haste on the proceedings.[37]

The House of Representatives was having a difficult time on naming other members of
the prosecution, with Magtanggol Gunigundo I (Lakas-Kampi, Valenzuela–2nd) being
added; Elpidio Barzaga (NUP, Dasmariñas (Cavite–4th)) was reportedly considered but
his links to Arroyo was seen to be too strong.[38]

Senate impeachment trial

On March 23, Tupas and company, including the two leading complainants, personally
submitted to the Senate the Articles of Impeachment.[39] Later that day, the Senate
adopted its rules for impeachment, adopting the rules used in the 2000 impeachment of
Joseph Estrada with amendments such as maintaining the silence of the visitors and
neutrality among the senators.[40]

Gutierrez resigned on April 29, personally handling her resignation letter to President
Aquino; the president accepted the ombudsman's resignation.[41] With her resignation,
the senate canceled the impeachment trial.[42] The senators thanked the ombudsman
for "sparing" the country from a "tedious, divisive, and painful" impeachment process;
Senate President Juan Ponce Enrile thanked her as the senate can now concentrate on
legislative matters.[43]

See also

Impeachment of Renato Corona

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 Articles of Impeachment against Chief Justice Renato Corona

References

o. Legaspi, Anita (2010-07-22). "Ex-Rep. Hontiveros leads 2nd impeachment vs

Gutierrez" . GMANews.TV. Retrieved 2011-03-08.

p. "Impeach Ombudsman case 'all set to roll' " . INQUIRER.net. 2009-04-07.

Retrieved 2011-02-08.

q. Porcalla, Delon (2009-11-18). "Impeachment raps vs Ombudsman junked" . The

Philippine Star. Retrieved 2011-03-08.

r. Legaspi, Anita (2010-08-03). "Another impeachment complaint filed vs

Ombudsman Gutierrez" . GMANews.TV. Retrieved 2011-03-08.

s. Dalangin-Fernandez, Lira (2010-09-01). "2 impeach raps vs Ombudsman sufficient

in form—House panel" . INQUIRER.net. Archived from the original on 2010-09-
07. Retrieved 2011-03-08.

u. Legaspi, Anita (2010-09-07). "House panel gives full okay to impeach raps vs
Ombudsman" . GMANews.TV. Retrieved 2011-03-08.

v. Dalangin-Fernandez, Lira (2010-09-07). "Head of impeach-Ombudsman body

subject of graft raps" . INQUIRER.net. Retrieved 2011-03-08.

w. Marlon Ramos, Michael Lim Ubac (2010-09-15). "Swift SC mercy for Merci" .
Philippine Daily Inquirer. Retrieved 2011-03-08.

x. Torres, Tetch (2011-02-15). "Ombudsman impeach raps get SC green light" .

INQUIRER.net. Archived from the original on 2011-02-18. Retrieved 2011-03-08.

oy. Romero, Paolo (2011-03-09). "House finds cause to impeach Merci" . The
Philippine Star. Retrieved 2011-03-10.

oo. Dedace, Sophia (2010-09-13). "Ombudsman asks SC to block impeachment

proceedings" . GMANews.TV. Retrieved 2011-03-08.

op. "SC suspends impeachment proceedings vs Ombudsman" . 2010-09-14.

https://en.m.wikipedia.org/wiki/Impeachment_of_Merceditas_Gutierrez 24/08/2019, 6D00 AM

Page 19 of 22
 op. "SC suspends impeachment proceedings vs Ombudsman" . 2010-09-14.
Retrieved 2011-03-08.

oq. "Solon hits SC TRO on ouster hearings vs Ombudsman" . ABS-CBNNews.com.

2010-09-18. Retrieved 2011-03-08.

or. Balana, Cynthia (2011-02-18). "Gutierrez's impeachment on hold" . INQUIRER.net.

Retrieved 2011-03-08.

os. Porcalla, Delon (2011-02-21). "Palace to keep hands off Gutierrez impeachment" .
The Philippine Star. Retrieved 2011-03-08.

ou. Calonzo, Andreo (2011-02-22). "House to resume hearings on Ombudsman

impeachment" . GMANews.TV. Retrieved 2011-03-08.

ov. Ramos, Marlon (2011-02-28). "SC didn't debate Gutierrez's petition—Sereno" .

Philippine Daily Inquirer. Retrieved 2011-03-08.

ow. Dedace, Sophia (2011-02-28). "Ombudsman appeals SC ruling on impeachment

case" . GMANews.TV. Archived from the original on 2011-03-03. Retrieved
2011-03-08.

ox. Cruz, RG (2011-03-01). "Merci's allies lose in showdown on impeachment" . ABS-

CBNNews.com. Retrieved 2011-03-08.

py. Andreo Calonzo and Amita Legaspi (2011-03-07). "Pro-admin solons heed PNoy on
Merci impeachment case" . GMA News. Retrieved 2011-03-10.

po. "Defiant Ombudsman a no-show at impeach hearing" . ABS-CBNNews.com. 2011-

03-08. Retrieved 2011-03-10.

pp. "Merci brands House panel a 'kangaroo court' " . ABS-CBNNews.com. 2011-03-
08. Retrieved 2011-03-10.

pq. "Numbers & politics: how the justice committee voted" . Newsbreak. 2011-03-11.
Retrieved 2011-03-11.

pr. Dalangin-Fernandez, Lira (2011-03-08). "House forms initial list of solons to form
prosecution panel in impeach trial" . INQUIRER.net. Retrieved 2011-03-10.

ps. Ager, Maila (2011-03-08). "LP senators: No marching order from Aquino to impeach

https://en.m.wikipedia.org/wiki/Impeachment_of_Merceditas_Gutierrez 24/08/2019, 6D00 AM

Page 20 of 22
 ps. Ager, Maila (2011-03-08). "LP senators: No marching order from Aquino to impeach
Ombudsman" . Retrieved 2011-03-10.

pu. "Palace denies Aquino 'marching orders' " . JOURNAL Online. 2011-03-09.
Retrieved 2011-03-10.

pv. Calonzo, Andreo (2011-03-09). "House minority hits Aquino for asking support to
impeach Ombudsman" . GMA News. Retrieved 2011-03-10.

pw. Dalangin-Fernandez, Lira (2011-03-13). "Draft impeachment charges against

Ombudsman released" . INQUIRER.net. Retrieved 2011-03-13.

px. Calonzo, Andreo (2011-03-13). "Ombudsman Gutierrez faces 6 impeach

charges" . GMA News. Retrieved 2011-03-13.

qy. Romero, Paolo (2011-03-20). " 'Oust Merci or no pork' text denied" . The Philippine
Star. Retrieved 2011-03-21.

qo. TJ Burgonio, Gil C. Cabacungan Jr. (2011-03-21). "INC hand seen in efforts to kill
impeachment of Gutierrez" . Philippine Daily Inquirer. Retrieved 2011-03-21.

qp. Calonzo, Andreo (2011-03-21). " 'Stand up to the challenge' of impeaching Merci,
House told" . GMANews.TV. Retrieved 2011-03-22.

qq. Calonzo, Andreo (2011-03-21). "Solon accuses Tupas of 'vested interests' in Merci
impeach case" . GMANews.TV. Retrieved 2011-03-22.

qr. Romero, Paolo (2011-03-22). "House votes 210-47, impeaches Ombudsman" .

The Philippine Star. Retrieved 2011-03-22.

qs. Calonzo, Andreo (2011-03-22). "House impeaches Ombudsman for betrayal of

public trust" . GMANews.TV. Retrieved 2011-03-22.

qu. "Ombudsman Gutierrez impeached for betrayal of public trust" . Newsbreak.ph.

2011-03-22. Retrieved 2011-03-22.

qv. Ben Ramirez and Ben Rosario (2011-03-22). "Flimsy decision – Merci" . Manila
Bulletin. Retrieved 2011-04-01.

qw. Cabacungan, Gil Jr. (2011-03-31). "House prosecution team still has 3 more
vacancies" . Philippine Daily Inquirer. Retrieved 2011-04-01.

https://en.m.wikipedia.org/wiki/Impeachment_of_Merceditas_Gutierrez 24/08/2019, 6D00 AM

Page 21 of 22
 vacancies" . Philippine Daily Inquirer. Retrieved 2011-04-01.

qx. "House transmits impeachment articles to Senate" . GMANews.TV. 2011-03-23.

Retrieved 2011-03-23.

ry. Burgonio, TJ (2011-03-23). "Senate adopts rules of procedure for Ombudsman's

impeachment trial" . Philippine Daily Inquirer. Retrieved 2011-03-23.

ro. "Ombudsman Merci resigns, 10 days before Senate trial" . GMA News Online.
2011-04-29. Retrieved 2011-04-29.

rp. "Senate shelves Ombudsman's impeachment trial" . ABS-CBNNews.com. 2011-

04-30. Retrieved 2011-05-01.

rq. Tan, Kimberly Jane (2011-04-29). "Senators thank Merci for resigning, but warn it's
not over yet" . GMA News Online. Retrieved 2011-04-31. Check date values in:
|accessdate= (help)

External links

Gutierrez vs. House of Representatives Committee on Justice, et. al. , decision by the
Supreme Court
Concurring opinions: Nachura , Sereno

Separate opinion: Nachura

Dissenting opinion: Brion

Concurring and dissenting opinion: Del Castillo

Separate concurring opinion: Abad

Separate concurring and dissenting opinion: Perez

House Resolution 1089 (Articles of Impeachment) from gov.ph

Last edited 2 months ago by BrownHairedGirl

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