Gutierrez As Ombudsman Is Until October

Senator Francis "Chiz" Escudero last week said the days of Merceditas Gutierrez as Ombudsman are numbered. She is only serving the unexpired term of her predecessor, Simeon Marcelo.

"By my calculation, Ombudsman Gutierrez’s term as head of the anti-graft body ends this October. She has only seven months left as she only serves the unexpired term of her predecessor," Escudero said in a statement.

The senator, a member of the Judicial Bar Council, pointed out Marcelo was appointed Ombudsman in October 2002 and resigned in November 2005, when Gutierrez was then named as his replacement.

"Marcelo served as Ombudsman for over three years and Gutierrez’s tenure is now nearing four. Under the Constitution, the Ombudsman and his or her deputies shall only serve for seven years without the benefit of reappointment in the same position," Escudero said.

He explained that Gutierrez is not entitled to a full term of seven years, citing a Supreme Court ruling in 1955.

Escudero said that in the case of Republic versus Imperial, the Court ruled that: "When the Constitution fixes the duration of a term of office, and at the same time provides for its being filled at a fixed time occurring periodically, it necessarily follows that, a casual vacancy occurring during such term of office, necessity must arise for filling it for the unexpired term; and although the mode of filling such vacancy is prescribed by the Constitution, yet the incumbent only holds until the time arrives for filling the office in the regular mode and at the regular time prescribed by the Constitution."

Escudero explained that Section 9 of Article XI of the Constitution provides for the appointment of the Om-budsman. The President chooses from a list of six nominees prepared by the Judicial and Bar Council, and from a list of three nominees for every vacancy thereafter.

Section 11 of the same article provides for their term of office, which is seven years, Escudero said.

"So the Office of the Ombudsman fits the rule enunciated by the Supreme Court in its 1955 decision. It has not been overturned so it is still binding and absolutely enforceable," the senator said.

Put simply, the Office of the Ombudsman that has a fixed term of seven years and not the person occupying it, Escudero pointed out.

"Therefore, Gutierrez has only until October 2009 to serve as Ombudsman rests on firm and solid legal basis. This is a Supreme Court decision and all of us must follow the rule of law," he said.

Gutierrez is now facing possible removal from office as an impeachment complaint had been lodged against her at the House of Representatives.
"I hope she makes the most out of her remaining days in office by sending the biggest government crooks to jail," said Escudero. /MP