Ombudsman suspends woman prosecutor in bungled Imelda case

A woman prosecutor in the Office of the Ombudsman was suspended yesterday after she was blamed for the government’s failure to secure a conviction for former first lady Imelda Romualdez-Marcos and three others in two graft cases.

Special Prosecution Officer Evelyn Lucero was placed under preventive suspension, which remains effective while she is undergoing administrative investigation.

The suspension order was signed by Overall Deputy Ombudsman Margarito Gervacio Jr.

The Sandiganbayan dismissed the two cases filed by the Aquino administration in 1987 against Marcos and three former officials of the defunct Ministry of Human Settlements, after the defense filed a motion for demurrer to evidence.

Under the Rules of Court, when the defense moves for a demurrer to evidence, it waives the right to present evidence and the court would have to decide the case based on the prosecution’s evidence .

The defense said the prosecution cannot prove beyond reasonable doubt the guilt of Marcos and her three co-accused.

Ombudsman Aniano Desierto said he could not understand why Lucero failed to oppose the move of the Marcos defense team to delay the trial of the case.

"Way back March 2, 1999, I issued a memorandum reminding our prosecutors of the existing policy that prosecutors must oppose moves to postpone the proceedings," he said. "If a mere postponement is to be opposed, how much more such thing as demurrer to evidence?"– Delon Porcalla