House wants probe of Merci's midnight appointments

MANILA, Philippines - House leaders want an investigation into the midnight appointments and resolutions of former ombudsman Merceditas Gutierrez, including allowing a Customs official facing dismissal for graft to be reinstated and promoted.

Iloilo Rep. Niel Tupas, and Bayan Muna party-list congressmen Neri Colmenares and Teodoro Casiño in separate radio interviews yesterday said an investigation should be held on a ruling issued by Gutierrez that cleared former Customs police chief Joey Yuchongco of illegal wealth cases and allowed him to be reinstated at the Bureau of Customs (BOC).

Tupas chairs the House committee on justice that recommended the impeachment of Gutierrez. The House impeached Gutierrez but before the Senate could conduct its trial, she resigned.

He said the investigation should encompass all midnight appointments and resolutions signed by Gutierrez.

The lawmakers said Gutierrez’s midnight resolution reinstating Yuchongco was highly suspect.

Tupas said Gutierrez apparently lacked delicadeza and the reinstatement of Yuchongco was obviously “rushed.”

Tupas said his committee would start the investigation and hopes to come out with recommendations to revise laws governing the Ombudsman and stop the practice of midnight deals.

He asked incumbent ombudsman officials to keep documents on the Yuchongco and other cases intact for the investigation.

Colmenares said the mere fact that Gutierrez sat on hundreds of cases but acted swiftly on the Yuchongco case is already suspicious.

He said that Gutierrez had been publicly quoted as insisting that Yuchongco should be relieved per an earlier ombudsman order that Gutierrez herself reversed in her midnight resolution.

Casiño said apparently Gutierrez waited until the last minute before acting on Yuchongco’s case in favor of the customs official.

He said Gutierrez ignored a Court of Appeals decision that junked Yuchongco’s appeal to be reinstated.

“What motivated the sudden turnaround on her part?” Casiño asked.

Gutierrez, he said, could not possibly be unaware of the CA ruling against Yuchongco.

He said the Yuchongco case is the classic example of how the Office of the Ombudsman under Gutierrez went about doing its job.