Former Ombudsman Gutierrez facing another probe of ‘midnight’ Customs order

ILOILO CITY—Former Ombudsman Merceditas Gutierrez could face another congressional investigation for reversing a dismissal order against the former chief of the Bureau of Customs police.

Iloilo Rep. Niel Tupas Jr., chair of the House committee on justice, said the reversal of the dismissal of Jose Brigido Yuchongco was among the issues raised against Gutierrez who resigned on May 6, days before the start of her impeachment trial at the Senate.

“We could conduct an investigation if a resolution will be filed supporting that move,” Tupas said by phone on Wednesday.

Bayan Muna Rep. Neri Colmenares, who earlier raised the issue, said he was reviewing both the dismissal and reversal orders.

In February, the Ombudsman ordered the dismissal of Yuchongco who was found guilty of grave misconduct and dishonesty for failing to fully disclose the sources of his wealth.

The dismissal order stemmed from a complaint filed in 2005 by the Department of Finance’s Revenue Integrity Protection Service.

In the decision signed by then Deputy Ombudsman Mark Jalandoni, the Office of the Ombudsman said Yuchongco failed to declare several pieces of property and expenses in his statement of assets, liabilities and net worth.

These included a mansion in a Muntinlupa subdivision; a 7,210-square-meter farm in Oas, Albay; a property in San Jose, Batangas; and a 32,593-square-meter lot also in San Jose.

It was impossible for a customs official to purchase these and have a net worth of about P6.48 million in 2004, the complaint said.

The Ombudsman said Yuchongco’s gross annual salary in 1994 was about P54,000 and P256,116 in 2004.

Acting on a motion for reconsideration filed by Yuchongco, Gutierrez issued a resolution on May 4, or two days before her resignation took effect, reversing the dismissal order.

Yuchongco was reassigned as acting chief of the Bureau of Customs’ Intelligence Division as part of a revamp implemented in June.

In a statement issued on May 12, the Office of the Ombudsman denied allegations that the resolution was a “midnight deal.”

The anti-graft agency said in its statement that Gutierrez was authorized to exercise her official functions until the close of office hours on May 6 when her resignation took effect.

But Tupas said the reversal order was highly suspicious since it was issued when Gutierrez was about to leave office.

“It is highly unusual to get a reversal on a motion for reconsideration especially at the height of the impeachment proceedings against her. There are allegations that money changed hands resulting in the reversal order,” Tupas said.