By Roy Pelovello

THE House of Representatives yesterday started the impeachment process against Ombudsman Merceditas Gutierrez after the complaint against her was referred to the House justice committee.

Committee chairman and Quezon City Rep. Matias Defensor said that, theoretically, the panel still had time to decide on the complaint before Congress adjourned on June 6, but that it would be a tight squeeze.

“We’ll likely receive the referral by tomorrow, but before I can call a hearing I need five days [under the rules] to inform members of the committee,” Defensor said, adding that any hearing would likely be two weeks away.

The panel must first determine if the complaint is sufficient in form and substance before delving into the evidence presented against Gutierrez.

If the complaint was found lacking in substance, the panel should be able to resolve the case before June 6, Defensor said.

If it was sufficient in substance, the panel would have to give Gutierrez 10 days to reply to the charges before it could hold hearings, he added.

Under the rules, the Justice committee has a maximum of 60 session days to decide an impeachment complaint.

Defensor noted that the House had only 12 session days in a month, so it would take them up to five months to dispose of the case if it went the full route.

“Theoretically, we still have time to act on the case but it would really depend on the circumstances,” Defensor said.

“It’s possible that the witnesses we subpoena would not be available once we go through a full-blown determination of probable cause.”

After hearing the complaint, the Justice panel will submit its recommendation to the House plenary. A vote of 1/3 or 80 of all 238 members of the House would be enough to send the complaint to the Senate for trial.

Assuming the House found the complaint sufficient in form and substance and sent it to the Senate for trial, that trial would also be on a very tight schedule, Defensor said.

“The rules of the House and the Senate [on impeachment] speak of ‘session days’, so how could it [trial] proceed when there is no session?” Defensor said.

The complaint against Gutierrez, filed on March 2 by former Senate President Jovito Salonga and members of civil society groups, cites six grounds against Gutierrez.

One cites the Gutierrez’ alleged “deliberate and inordinate inaction” on the graft charges against government officials accused of having been involved in the rigging of bid in a $33-million World Bank-funded road project. The complaint was endorsed by leftist lawmakers.

On March 29 the Office of the Ombudsman filed criminal and administrative charges against former Public Works Secretary Florante Soriquez, Assistant Secretaries Manuel Bonoan, Bashir Rashuman and Salvador Pleyto, and eight other executives of the department for their alleged roles in the rigged bidding for the $33-million project.

But Defensor said the filing of the cases against the public works officials would not prevent the Justice committee from hearing the impeachment complaint against Gutierrez.

Gutierrez was also accused of the following:

 Deliberately ignoring the Supreme Court’s findings voiding a P1.3-billion supply deal between Mega Pacific and the Commission on Elections under chairman Benjamin Abalos

 Filing late and defective information that undermined the cases against former Justice Secretary Hernando Perez, who has been charged with extorting money from former Manila Rep. Mark Jimenez

 “Gross inexcusable inaction” on the P1-billion fertilizer fund scam cases filed by the Senate, lawyer Frank Chavez and murdered journalist Marlene Esperat

 Failing to resolve the “euro generals’ currency-smuggling case promptly despite overwhelming evidence and admission by the police comptroller, Director Eliseo de la Paz

 Committing grave abuse in dismissing and suspending local government officials, specifically Iloilo Gov. Niel Tupas and Bataan Gov. Enrique Garcia.

Salonga’s group accused Gutierrez of betraying the public trust by being a “coddler of the powerful and corrupt” since she assumed office in December 2005.

Gutierrez has denied the charges, saying the apparent delay in the filing of charges against people involved in high-profile graft cases was caused by the need to adhere to due process.