MANILA, Philippines - Regardless of the numbers required to push the impeachment complaint against Ombudsman Merceditas Gutierrez, some lawmakers refuse to see it as a litmus test of President Aquino's hold on Congress.
 
"He has his own Truth Commission that he's pushing forward with and I think that's where he's concentrating," House Deputy Speaker Lorenzo "Erin" Tañada told ANC's "The Rundown" on Tuesday.

Majority of House lawmakers voted on Tuesday to declare the impeachment complaint against Gutierrez sufficient in form and substance. 

The chairman of the House Justice Committee, Iloilo Representative Niel Tupas Jr., called it an "unprecedented" development.

"All impeachment complaints in previous Congresses were declared sufficient in form but insufficient in substance, with the exception of the impeachment complaint filed against President Joseph Estrada," Tupas said in an interview on the same ANC program.

In November 2000, the impeachment complaint against former President Estrada was immediately transmitted from the House committee level to the Senate, without allowing the House Committee on Justice to conduct its investigation.

Proper processes needed

In efforts to avoid perceived attempts to skirt the rules of impeachment in the past, House lawmakers hope the impeachment case against Ombudsman Merceditas Gutierrez goes through the proper processes.

"If we don't go out of the complaint, it can stand the test that this complaint, without any answer from the Ombudsman at this time, is sufficient in substance. This is why it's important for the Ombudsman to file her answer in response to allegations stated in the two complaints," Tañada said.

"Creeping impeachments are not looked at favorably. That's why we in the committee feel this is the best procedure to follow-- for the Ombudsman to reply to the impeachment complaints of Akbayan and Bayan Muna and for them to respond, and us to fully weigh the evidence presented if there is enough substance to push for impeachment," Tañada added. 

Ilocos Norte 1st District Rep. Rodolfo Fariñas said the Ombudsman must be given a chance to respond to the complaints.

"Let's give the Ombudsman the opportunity, otherwise there will always be a cloud of doubt as to her guilt or innocence...We can compel her to come. She's being investigated, and it's only the House of Representatives that has the sole power to conduct impeachment proceedings against high officials of government, so she has to come," Fariñas said. "If we don't find sufficient ground, I'll move for a dismissal of the case."

After deciding based on the merits of the case, Tupas said they would then have given the Ombudsman time to answer the impeachment complaints.

"The Ombudsman will be given time for a rejoinder, then the Committte on Justice will meet again within two to three weeks on the sufficiency of grounds" before they decide whether to pursue or dismiss the impeachment case, Tupas explained.

Members of the House majority said they would be ready to dismiss the impeachment complaint if there is no evidence to show Gutierrez committed an impeachable offense.

Members of the House minority have cited infirmities in the procedure, including the rule on one impeachment case a year and the failure to publish the rules 15 days before their effectivity.

A losing battle?

This early, House senior minority leader Rep. Danilo Suarez told ANC they are outnumbered and expect to be overturned.

"Ang integrity ni Ombudsman malinis. Functional lapses yung mga issue na ihinain sa kaniya. Ngayon wala kaming numero kahit anong gawin mo sa minority makikita mo indications in voting. Sabi namin, bakit hindi ilagay sa tama? Bakit minamadali?" he said.

"The Liberal Party is already 81 [members]. It will be very easy for them to gather 10 more, 92 sila, magiging bale wala yung committee report," Suarez said.

He added that Tupas, justice committee chairman, should also inhibit himself from the impeachment case, given the cases against him and his father pending before the anti-graft body.

However,Tupas contends there is nothing wrong with the procedure, insisting that there is no need for him to inhibit himself from the case.

"I assured the public and members of the committee, the Chairman will show utmost impartiality... I don't think there are infirmities in the procedure. We followed the rules on impeachment and gave the minority all the opportunity to object," Tupas said.

He added the rules on impeachment had never been published even during the time of former President Estrada.

House members are next expected to discuss whether there is sufficient grounds for impeachment, and lawmakers will vote on whether there is probable cause for the Ombudsman to be impeached.