‘Ong can be held criminally liable for graft’

MANILA, Philippines - Sandiganbayan Associate Justice Gregory Ong may still be held criminally liable following his dismissal by the Supreme Court (SC) over links to alleged pork barrel scam mastermind Janet Lim-Napoles, a court official said yesterday.

The insider, who refused to be named since the dismissal could still be the subject of an appeal, stressed that the findings of the SC were only based on administrative charges for gross misconduct, dishonesty and impropriety.

The source explained that the Office of the Ombudsman may investigate and file criminal charges with the Sandiganbayan in connection with allegations that Ong received bribe money from Napoles for the dismissal of a malversation case against her involving the sale in 1998 of 500 Kevlar helmets to the Philippine Marines.

The source said once the dismissal order becomes final, Ong will become a former government official subject to the jurisdiction of the Sandiganbayan.

“The administrative case isn’t covered by double jeopardy as he wasn’t charged with the felony of bribery before the Court. Whether or not the case will prosper is another thing altogether,” the official explained.

But the source stressed that possible criminal prosecution of Ong “would depend on proof available.”

The SC, in its ruling, held that “corruption charges were not proven since both (witnesses) Benhur Luy and Marina Sula did not witness Ong actually receiving money from Napoles.”

Good sign

Lawyers and members of the judiciary hailed the SC for dismissing Ong, saying this augured well for the country’s justice system.

Justices of the high court and appellate courts saw a strong message against corruption in the judiciary in the decision that found Ong guilty of gross misconduct, dishonesty and impropriety due to links with Napoles.

Chief Justice Ma. Lourdes Sereno said housecleaning was part of judicial reform.

“We have to go through this process. We have no choice but to go through housecleaning – even if it’s painful to some of us,” she told reporters during the launch of the continuous trial system for criminal cases at the Manila Hotel yesterday.

Asked what she thought the effects of the ruling on the judiciary would be, Sereno replied: “We leave it to the future.”

Retired SC Justice Roberto Abad lauded his former colleagues for showing that the high tribunal “can firmly stand against what it perceives to be wrongdoing.”

“Everything we do is for the good of the judiciary,” added Justice Presbitero Velasco Jr.

For Court of Appeals Presiding Justice Andres Reyes Jr., the ruling was a reminder for judges and magistrates “to work harder.”

Mixed reactions

Colleagues of Ong in the Sandiganbayan, meanwhile, sympathized with him.

“As a colleague in Sandiganbayan, we feel sad for him. He was a classmate of mine in San Beda law,” Presiding Justice Amparo Cabotaje-Tang told reporters in the same event.

Tang, however, believed the dismissal of Ong “will have a strong effect not only on Sandiganbayan justices but on the judiciary as well.”

“It gives a very strong message. We go back to the basics, which is in the Constitution, that a public office is a public trust and all public officers and employees must be accountable at all times to the people,” she said.

Personnel of the Sandiganbayan’s Fourth Division are keeping mum but sources said many were saddened by the SC decision dismissing Ong.

Ong did not report to the Sandiganbayan yesterday since there were no scheduled hearings for Wednesday and even for today.

“We are saddened by the decision,” one employee said in Filipino.

Other court employees, however, believed the high court’s decision was just and should come as a reminder “that public office is indeed a public trust.”

The Integrated Bar of the Philippines (IBP) also lauded the SC ruling.

IBP national president Vicente Joyas stressed the ruling would enhance public trust in the courts.

“It’s a very good sign that nobody is indispensable insofar as integrity is concerned,” Joyas said.

Some Catholic bishops said Ong might have gotten what he deserved when he was dismissed.

Malolos, Bulacan Bishop Jose Oliveros believed it was but right that Ong should be dismissed because he tainted the office that he represents.

“It is sad that those who are supposed to fight corruption are themselves guilty of it,” Oliveros said.

“It is good to know and witness that nobody is above the law. If people are guilty they should face the consequences of their actions,” added Cubao Bishop Honesto Ongtioco.

In its ruling promulgated last Tuesday, the SC imposed the maximum penalty of dismissal on Ong for violating the New Code of Judicial Conduct by meeting with Napoles on two occasions after acquitting her in a malversation through falsification of public documents case involving the sale in 1998 of 500 Kevlar helmets to the Philippine Marines.

The high tribunal also ordered forfeiture of his retirement benefits, except accrued leave credits, and perpetual disqualification from reemployment in government service.

Ong was the first justice of the anti-graft court, which handles cases against corrupt and erring government officials, to be dismissed. – Edu Punay, Alexis Romero, Michael Punongbayan, Evelyn Macairan