Desierto thanks solons, but is not yet off the hook

Ombudsman Aniano Desierto thanked yesterday the 122 congressmen who voted to junk the impeachment complaint that charged him with bribery.

But House leaders said Desierto is not yet off the hook because two House committees are set to start an investigation into the P5.3-billion tax credit scam involving the Chingkoe group of companies.

Rep. Marcelino Libanan (NPC, Eastern Samar), justice committee chairman, in a separate interview, agreed that Desierto is still not yet off the hook.

"He will face an investigation but he can no longer be impeached even if the two committees find ground to recommend his removal," he said, noting that the vote for Desierto has insulated him from any new impeachment case until he retires in August.

Voting 122-19 with five abstentions, the House adopted on Wednesday the recommendation of the committee on justice to dismiss the first impeachment complaint that Desierto accepted P235,000 worth of vide equipment from the Bank of Southeast Asia and P500,000 in cash from bank owner Luke Roxas.

"I thank the good congressmen who had the innate wisdom of discerning what is just and true from what is false and wrong. The dismissal is a clear manifestation of the independence and integrity of the members of the House," Desierto said.

"I am also thankful that the honorable representatives of the people have seen through an impeachment complaint which was completely based on hearsay and illegally-acquired evidence," he added.

Five lawmakers, including Speaker Jose de Venecia, abstained.

The dismissal of the first impeachment complaint effectively killed the second impeachment charge that he intentionally bungled the prosecution of the scam to favor the Chingkoe group of companies.

But House Minority Leader Carlos Padilla (LDP, Nueva Vizcaya) and Rep. Oscar Moreno (Lakas, Misamis Oriental) told reporters yesterday that Desierto will still be investigated by the House committees on good government and on ways and means.

However, Libanan said criminal charges can still be filed against Desierto after he retires.

Moreno, for his part, said the dismissal of the complaints does not mean that the Ombudsman is innocent of the charges leveled against him.

"He may be immune from impeachment but that does not mean that his conscience is clear, that he has been vindicated. It also does not mean that the truth about Desierto will forever be hidden," he said.

On the other hand, Padilla said he has no doubt in his heart and mind that the Ombudsman has been bungling his job. "God (save) us Filipinos," Padilla said.

Citing a specific case, Padilla said Desierto and his men failed to prosecute four of five Bataan-based Customs officials implicated in a tax fraud case.

"The judge hearing the case was forced to dismiss the case against the four and will possibly do the same in the case of the fifth accused because of lack of interest to prosecute on the part of the Ombudsman," he stressed.

He added that he hoped Desierto would redeem himself not that he is immune from impeachment until he retires in August. – With Romel Bagares