MANILA, Philippines - Former President Joseph Estrada believes that the first one who should be tried for the anomalies in the previous administration is former President Gloria Macapagal Arroyo herself. 

Estrada, in a press statement on Sunday, said  Ombudsman Merceditas Gutierrez cannot be completely blamed if her office has failed to promptly process cases on anomalies in the Arroyo administration. 

He said Gutierrez would be unable to find sufficient evidence in certain cases, claiming that Arroyo administration officials have already disposed of important evidence.

The impeachment complaints against Gutierrez stress her failure or refusal to act on big cases like the P728-million fertilizer fund scam and the botched $329-million NBN-ZTE deal. 

Estrada cited the NBN-ZTE deal, wherein the signatories hid the contract from the public on the pretext that it was stolen moments after signing in China. 

"(Senate Pro Tempore) Jinggoy (Estrada) even had to insist that the Chinese executives surrender the contracts," he recalled, "Even the Senate could not acquire the evidence from the Arroyo Administration officials. How would the Ombudsman find the evidence if it was already conveniently lost by those involved from the Arroyo administration?"

Commenting on the Senate Blue Ribbon Committee's recommendation to impeach Gutierrez, Estrada said, "They should try GMA and the first gentleman (Mike Arroyo) because the government must first go after the brains behind these anomalies. The Ombudsman was just used."

Estrada, however, added that Gutierrez is still "fortunate.: 

"She is still fortunate because she is being given due process by Congress, unlike my impeachment, which was railroaded by (then Senate President Manny) Villar," Estrada said. He said that he believes Gutierrez will receive a fair trial at the Senate if an impeachment trial pushes through because "senators have independent minds and cannot be dictated upon." 

The House justice committee has voted to approve the impeachment case against Gutierrez for plenary discussions and voting, after its members found probable cause to impeach the official for her alleged inaction in 5 high-profile cases.

The Senate Blue Ribbon Committee has also recommended the impeachment of Gutierrez and the dismissal and filing of charges against the state prosecutors who entered into a plea bargaining agreement with former military comptroller Carlos Garcia.