Earlier, Gutierrez had assured Sen. Franklin Drilon, chairman of the Senate committee on public order and illegal drugs, that her office would investigate the incident.
"I have already issued an office order directing an Ombudsman task force to conduct an investigation/public hearing into the manner by which the (operation) was done, in order to determine if any public officer should be answerable," Gutierrez said in her letter to Drilon.
The Office of the Ombudsman said it sent the letter to the Senate in response to its invitation for the Ombudsman to appear in the public hearing seeking to clarify the alleged "violent" implementation of the dismissal order. Gutierrez was not able to attend the Senate’s public hearing.
In her letter, Gutierrez explained that her office has nothing to do with the implementation of decisions.
The Office of the Ombudsman had ordered Tupas’ dismissal over a complaint for graft filed by the People’s Graftwatch of Iloilo which accused the governor of approving the irregular release of P65,000 from the funds of the Community Direct Action Project (CDAP) as financial assistance for allegedly non-existent trainings and seminars of the Provincial Board Members League of the Philippines (PBMLP).
Also charged along with Tupas were Iloilo Provincial Board members Cecilia Capadosa and Domingo Oso Jr. and Ilo-ilo Provincial Budget Officer Elena Lim.
According to the complaint, Tupas allegedly allowed the disbursement while Capadosa made herself the payee of the check in the disbursement voucher as the league allegedly has no account with any bank.
The complaint also alleged that Capadosa and Oso pocketed the proceeds of the check. Lim, meanwhile, based on the complaint, allegedly signed the allotment and obligation slip despite the absence of official documentary proof to show that there was a scheduled training or seminar for any board member.
In his counter-affidavit, Tupas argued that the CDAP, which has a lump sum of P15 million, is utilized for development projects and activities in support of the priorities of the province and the office of the provincial governor such as extending financial assistance to various organizations for capability-building programs of the members geared towards human development. As such, Tupas argued that he utilized the CDAP allotment as financial assistance to the PBMLP for their trainings and seminars on Oso’s request.
The Office of the Ombudsman, however, after conducting an investigation, said in its Dec. 4 decision that Tupas, Oso and Capadosa were found guilty of grave misconduct and meted the penalty of dismissal from the service and perpetual disqualification from holding any government post. The administrative case against Lim was dismissed for lack of evidence.
The Office of the Ombudsman also directed Interior Secretary Ronaldo Puno to implement the order.
Reports said at least 200 members of the police Regional Mobile Group (RMG) stormed the Iloilo provincial capitol to physically remove Tupas after a 48-hour deadline set by the Department of the Interior and Local Government (DILG) for him to vacate the building had lapsed.
Meanwhile, DILG Undersecretary Wencelito Andanar said Gutierrez has not yet issued a suspension order so far for more than 200 officials who have graft cases pending in her office.
Police officials who attended yesterday’s Senate inquiry maintained that they employed necessary force during the Jan. 17 "siege" of the Iloilo provincial capitol.
Region 6 director Chief Superintendent Wilfredo Dulay defended the RMG, who were caught on video brandishing long firearms and allegedly harassing civilians inside the capitol.
Dulay said that in a bid to avoid bloodshed, he did not grant a request by the Tupas camp to wait for one more hour before serving the dismissal order. — With Helen Flores, Christina Mendez and Cecille Suerte Felipe