De Lima: Ombudsman office has say on plunder raps vs GMA

Manila, Philippines - Secretary Leila de Lima insisted yesterday on the jurisdiction of the Department of Justice (DOJ) to investigate the plunder charges against former President Gloria Macapagal-Arroyo and three of her former officials.

But she conceded that the Ombudsman will decide on probable cause to justify the filing of the case before the Sandiganbayan.

De Lima stood by her pronouncement that the DOJ has the power to investigate the complaint filed last Tuesday by former solicitor general Frank Chavez against Arroyo and three former officials despite a similar case still unresolved at the Ombudsman.

Chavez accused Arroyo, now representative of the 2nd congressional district of Pampanga, for diverting over P550 million of the Overseas Workers Welfare Administration (OWWA) funds to her campaign kitty in the 2004 polls.

De Lima cited an existing memorandum of agreement with the Office of the Ombudsman, which has sole jurisdiction in prosecuting graft cases against public officials before the Sandiganbayan.

“The DOJ has concurrent jurisdiction over plunder cases and the DOJ never shirks from its responsibilities,” De Lima stressed.

She lamented questions on the DOJ’s jurisdiction over the plunder case against Arroyo.

“It’s not our fault that these cases are being filed with us. So it’s not that we are asking for those cases to be filed with us, but since they’re filed with us we just have to take cognizance of those cases,” she said.

De Lima, however, admitted the Ombudsman will have to decide on probable cause to justify the filing of the case before the Sandiganbayan.

“Later on, the decision really lies with the Office of the Ombudsman. Whatever would be the finding of any panel of prosecutors who will be assigned to handle these cases would be recommendatory to the Ombudsman,” she clarified.

De Lima said the Ombudsman has the exclusive power to probe graft charges against ranking officials with salary grades of 27 or higher.

She affirmed the position of Assistant Ombudsman Evelyn Baliton, who said the anti-graft agency would take over the plunder case against Arroyo, former executive secretary Alberto Romulo, former health secretary Francisco Duque III and former OWWA administrator Virgilio Angelo.

De Lima though stressed the DOJ would proceed with its investigation but did not elaborate if the probe would be a preliminary investigation or fact-finding.

She said the DOJ should still investigate even if a similar complaint is still unresolved at the Ombudsman.

De Lima said the executive department could only rely on the integrity of the Ombudsman’s office as an institution.

Chavez had filed the same plunder case against Arroyo before the Ombudsman in July 2004.

The complaint, however, was not resolved as the Ombudsman terminated its investigation in 2007 as it cited Arroyo, as then chief executive, enjoyed immunity from suit.

As to the offer of Sen. Panfilo Lacson to help provide evidence for the plunder charges against Arroyo, De Lima said she wanted to lay down the ground rules first.

“We always welcome any help from any proper party since there are really many cases handled by DOJ. But the first question there is, in what capacity? I wish to be further enlightened if Sen. Lacson is serious in his offer,” she said.

While saying she was pleased over Lacson’s offer to help in the prosecution, De Lima said anyone “cannot just immediately participate in any case.”