Ombudsman affirms raps vs former officials

MANILA, Philippines - Ombudsman Conchita Carpio-Morales, denying separate motions for reconsideration of a July 25, 2013 ruling, has affirmed the anti-graft agency’s decision to file criminal charges against two of its former ranking officials for falsification and infidelity in the custody of public documents.

The Office of the Ombudsman announced yesterday that it would proceed with the filing today of cases against former Deputy Ombudsman for Luzon Mark Jalandoni and former Assistant Ombudsman Nannette de Padua before the Sandiganbayan.

Jalandoni and De Padua will be charged with 13 counts of falsification of public documents and 56 counts of infidelity in the custody of public documents through concealment.

The accusations against them rose from a complaint filed by former overall deputy ombudsman Orlando Casimiro who, while he was then acting ombudsman after former Ombudsman Merceditas Gutierrez resigned in April 2011, discovered the tampering of decisions, resolutions, orders and other official documents which respondents committed during their tenure.

One of the original respondents in the case, however, has now turned state witness and will no longer be charged with the same offenses in exchange for her testimony during trial.

Ombudsman Morales, in a Jan. 22, 2014 order, said Jalandoni’s former executive assistant Rosalyn Martinez was accorded conditional immunity pursuant to the rules under the Ombudsman Act of 1989 that gave the anti-graft agency the power to grant immunity to material witnesses in graft and corruption cases.

Her Dec. 5, 2013 decision to proceed with the indictment of two of the respondents and allow one to help the prosecution prove its case in court stems from the recommendations of the Office of the Ombudsman’s Internal Affairs Board (IAB), which handled the investigation.

The IAB, after conducting a probe, found that there was systematic tampering of official documents that were already reviewed and signed by approving authorities, including former Ombudsman Gutierrez through the superimposing or “patching” of the signatory portions thereof with pieces of paper bearing Jalandoni’s name, which made it appear that the latter was the approving authority.

In at least 56 cases, the Office of the Ombudsman said the release of already-approved documents was delayed because it was made to appear that Jalandoni had yet to act on them.

In at least 13 cases, the “patches” were signed by Jalandoni, making it appear that he was authorized to sign the documents that were already signed by various approving authorities.

Morales expressed hope that the filing of criminal cases against two former top Ombudsman officials will underscore the seriousness of the anti-corruption campaign.

“The Office shall continue to run after and prosecute all – even our own people – found to be involved in shenanigans that compromise the integrity of public service. We shall continue cleaning our own backyard,” she said.

In the original July 25, 2013 decision, the criminal complaint against other respondents – Associate Graft Investigation Officer Amie Lou Fernandez, Graft and Prevention Control Officer Grace Anne Arnan, and administrative aide Ruby Ann Medallada – were dismissed for lack of probable cause.

In a separate decision issued the same day last year, Ombudsman Morales found Jalandoni administratively liable for grave misconduct and conduct prejudicial to the best interest of the service, and imposed upon him the penalty of dismissal from service with accessory penalties of cancellation of eligibility, forfeiture of retirement benefits, perpetual disqualification from holding public office, and bar from taking civil service examinations.

But in lieu of dismissal from the service wherein the principal penalty can no longer be implemented since Jalandoni resigned in April 2011, Morales imposed the penalty of fine equivalent to his salary for one year while still imposing the accessory sanctions.