Gordon renews call for Ombudsman's resignation;
wants anti-graft body chief elected

Senator Richard J. Gordon renewed his call for the resignation of Ombudsman Merceditas Gutierrez over her wrong judgment regarding the botched $329.48-million National Broadband Network (NBN) deal with China's ZTE Corporation.

In the committee report on the NBN-ZTE deal, Gordon, chairman of the Senate blue ribbon committee, said the Ombudsman was wrong in dismissing the case against the President on the mere pretext of presidential immunity from suit.

"The Ombudsman should investigate and make findings for transmittal to the House of Representatives, if an impeachment would have been warranted, rather than a blanket statement of exculpation because of supposed immunity," he said.

"I have said this before and I will say it again-the Ombudsman should resign. At the very least she should have inhibited herself from the investigation. She could even be disbarred for ignorance of the law, because it is only the Congress that can declare if somebody can be impeached," Gordon stressed, noting that Gutierrez and First Gentleman Jose Miguel Arroyo were classmates at the Ateneo Law School.

The senator said it is the duty of the Ombudsman to investigate public officials on the basis of complaints filed against them. Therefore, it is important to ensure that the head of the anti-graft body is free of any biases.

It can be recalled that Gordon also called for the resignation of Ombudsman Gutierrez over her apparent inaction on the P728-million fertilizer fund scam, allegedly engineered by former Agriculture Undersecretary Jocelyn Bolante. Up to now, the Ombudsman has still not acted upon the Senate's recommendations, which include the filing of appropriate charges against those implicated in the anomaly.

"The committee report on the fertilizer fund scam included one of my recommendations that, should the Constitution be amended after the 2010 elections, the Ombudsman should be elected, rather than appointed by the President, to ensure that the next Ombudsman will not owe its loyalty to any entity," he said.

Gordon explained that the Supreme Court should nominate three people to the position, but there would be no campaigning. The nominees would present their curriculum vitae, which would be the electorate's basis in choosing the Ombudsman.