BY WENDELL VIGILIA

THE House was asked yesterday to impeach Ombudsman Merceditas Gutierrez for being a "coddler of the powerful and corrupt."

Former Senate President Jovito Salonga, leaders of civil society groups and former government officials, in their 33-page impeachment complaint, accused Gutierrez of "betrayal of public trust and gross and manifest incompetence to perform her duties."

House secretary general Marilyn Yap received the complaint about 8:45 a.m.

The complaint said Gutierrez failed to prosecute those involved in the P1.3-billion Mega Pacific election computerization contract, in the collusion on the road projects financed by the World Bank where the name of presidential spouse Jose Miguel Arroyo has been mentioned, in the P728 million fertilizer fund scam involving former agriculture undersecretary Jocelyn "Joc Joc" Bolante, in the $2-million extortion case against former justice secretary Hernando "Nani" Perez, and in the P6.9-million "euro generals" scandal involving former PNP comptroller Eliseo dela Paz.

The complaint said Gutierrez showed her gross and manifest incompetence in suspending Iloilo Gov. Niel Tupas for two counts of malversation in 2005, and Bataan Gov. Enrique Garcia for plunder, falsification of public documents and malversation in November 2008, all in violation of their rights to due process.

"The facts stated in this complaint clearly establish how the ‘protector of the people’ has transformed into the coddler of the powerful and corrupt," the complaint said.

The complaint said "as long as Ombudsman Gutierrez sits, anyone is at the mercy of her arbitrariness."

"Hence, this impeachment complaint must prosper so that the Filipino people’s cry for justice against graft and corruption, regardless of stature and political affiliation, will be heard," it said.

Gutierrez was named Ombudsman on Dec. 1, 2005 after the resignation of Simeon Marcelo for health reasons.

Speaker Prospero Nograles has 10 session days to study and refer the complaint to the committee on justice which has 60 session days to tackle the complaint.

Rep. Risa Hontiveros-Baraquel (Akbayan) endorsed the complaint.

She said Rep. Liwayway Vinzons-Chato (LP, Camarines Norte) will also soon endorse the complaint.

Baraquel challenged Rep. Juan Miguel "Mikey" Arroyo (Lakas, Pampanga) to endorse the impeachment complaint to prove that the Arroyo family is not out to protect Gutierrez, a former classmate of his father at the Ateneo Law School.

The complaint said that the Office of the Ombudsman, being the protector of the people, is "expected to be merciless against public servants who pursue their own interests at the expense of the public good."

"Unfortunately, with Ombudsman Ma. Merceditas N. Gutierrez at the helm since December 1, 2005, the public trust has completely collapsed," it said.

The complaint said high-profile cases involving graft and corruption of "insurmountable amounts of public funds have either been gathering dust or have been permanently relegated to the archives."

It said the prosecution and conviction of high-ranking officials "remain scarce under the watch of the incumbent Ombudsman, even as low-ranking public officials have been charged at the Sandiganbayan."

"Ombudsman has become synonymous to inaction, mishandling, or downright dismissal of clear cases of graft and corruption, some leading to the President herself or that of her closest associates. Some of the latter are not in government anymore, and their continued freedom is an insult to the People who work hard and honestly pay their taxes and to other government officials who perform their functions honorably."

In a press conference, Salonga called on the House "to redeem itself and support the complaint."

"Naturally we would not have filed this, if this is not a strong case. We do not assume it will not prosper because we are convinced that it will undoubtedly prosper. I do not (just) make such an extravagant assumption," he said.

While he acknowledged that impeachment is a numbers game, Salonga said the coming national elections would pressure congressmen into supporting the complaint.

"We have to realize that all members of the Lower House are going to face election very, very shortly and it is high time for them to show some measure of independence," he said.

The other complainants were former UP Law Dean Raul C. Pangalangan, Florin Hilbay of the UP College of Law, lawyer Emilio C. Capulong Jr. of Bantay Katarungan, former interior secretary Rafael M. Alunan III, former PCGG Commissioner Quintin S. Doromal, Emigdio P. Dakanay Jr. of Kilosbayan, Novaliches Bishop Antonio R. Tobias, former Sen. Leticia Shahani, former presidential adviser on the peace process Teresita Quintos Deles, former Civil Service Commission chair Karina Constantino-David;

Former finance secretary and PDIC president Ernest Leung, former social welfare secretary Corazon Juliano-Soliman, Black and White convener Leah Lopez Navarro, former Commission on Filipinos Overseas executive director Jose Z. Molano Jr., Peace and Equity Foundation executive director Veronica F. Villavicencio, former tourism undersecretary Sostenes Campillo Jr.;