DOJ creates panel to probe charges vs Merci

MANILA, Philippines - The Department of Justice (DOJ) yesterday created a panel that would investigate the charges against former ombudsman Merceditas Gutierrez for her alleged inaction on corruption controversies that hounded the term of former President and now Pampanga Rep. Gloria Macapagal-Arroyo.

In Department Order No. 458, Secretary Leila de Lima designated Quezon City Prosecutor Donald Lee as chair of the panel, with assistant state prosecutors Ferdinand Fernandez and Vilma Lopez-Sarmiento as members.

De Lima instructed the panel to conduct preliminary investigation on the complaint filed by various groups of militant farmers against Gutierrez for graft, negligence of duty and obstruction of justice in violation of Section 3 (e) and (f) of Republic Act 3019 (Anti-Graft and Corrupt Practices Act), Article 208 of the Revised Penal Code and Presidential Decree 1829.

She told the panel to file the necessary case in court if probable cause is found.

De Lima said the DOJ has the power to investigate graft and corruption cases under an existing memorandum of agreement with the Ombudsman, which has sole jurisdiction in prosecuting graft cases against public officials before the Sandiganbayan.

It was the same ground she used in justifying the DOJ’s jurisdiction over the plunder charges filed last month against Arroyo for alleged diversion of over P550 million in funds allocated for overseas Filipino workers to her campaign kitty in the 2004 polls.

“We have to honor also the wishes of the complainants. They prefer that the complaint be filed with the DOJ, and we have to honor that since we have concurrent jurisdiction (on graft complaints) anyway,” the justice secretary stressed.

She added that the complaint against the former ombudsman would “go through the process” at the DOJ unless the ombudsman office, which would soon be under a new head, seeks jurisdiction over the case.

“At the moment we’re taking cognizance of the case unless certain developments – especially in the Office of the Ombudsman – would indicate propriety or desirability of having that case transferred or turned over to the ombudsman,” she added.

President Aquino is expected to name the new ombudsman this month.

In their complaint filed last May 9, the groups led by Anakpawis party-list, Kilusang Magbubukid ng Pilipinas (KMP) and Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) sought the former ombudsman’s indictment.

Gutierrez resigned last month amid impeachment proceedings.

The ombudsman’s office issued a resolution ordering the filing of plunder charges against former agriculture secretary Luis Lorenzo, undersecretary Jocelyn Bolante and several others for the P728-million fertilizer fund scam.

The resolution was approved by Overall Deputy Ombudsman Orlando Casimiro on behalf of Gutierrez, who had inhibited herself from the case out of delicadeza.

But the militant groups who were among those who filed the cases in 2004 were not satisfied and believe she should be held liable for the alleged “inordinate delay” in resolving the complaints.

They argued that it took the ombudsman’s office under Gutierrez five years to resolve its preliminary investigation on their complaint filed against Arroyo and her former officials implicated in the controversy.

This, they alleged, “constitutes inordinate delay in the administration of justice.”

The complainants explained that the Task Force Abono created by the ombudsman itself had submitted to Gutierrez in July 2007 40 reports recommending the filing of criminal and administrative complaints against public officials and private individuals found liable in the fertilizer fund scam.

“Noteworthy, however, that all these reports and recommendations of the Task Force Abono were not acted upon by the respondent until March 2011 when the Office of the Ombudsman issued a joint resolution dated 11 March 2011 for the filing of plunder and other criminal and administrative cases against several government officials and employees and private individuals involved in the fertilizer fund scam,” they lamented.

Dereliction of duty

Meanwhile, the DOJ also created another panel to investigate the criminal charges filed by a group led by administration’s losing senatorial bets Risa Hontiveros and retired Brig. Gen. Danilo Lim against the magistrates of the Sandiganbayan who approved the controversial plea bargaining agreement with former military comptroller Carlos Garcia.

In Department Order No. 456, De Lima designated a three-woman panel composed of assistant state prosecutors Mari Elvira Herrera, Josie Christina Dugay and Hazel Decena-Valdez to conduct preliminary investigation.

In their complaint filed last May 18, the group asked the DOJ to indict Sandiganbayan presiding Justice Edilberto Sandoval and associate justices Teresita Diaz-Baldos and Samuel Martires for alleged dereliction of duty in approving the plea-bargaining deal.

Complainants alleged that the order approving the plea bargaining deal is interlocutory “since it did not dispose of the case completely and left something else to be done by the second division.”