‘Ombudsman using her office to defend herself’

MANILA, Philippines - The camp of Vice President Jejomar Binay yesterday hit Ombudsman Conchita Carpio-Morales for using the resources of her office to defend herself in the P200-million libel suit that Binay filed against her.

Morales was included in the P200-million civil suit for prejudging plunder cases filed against Binay and for saying that the evidence against the Vice President were strong even if the preliminary investigation was not yet done.

Lawyers from the Office of the Ombudsman and the Office of the Solicitor General (OSG) yesterday asked Judge Elpidio Calis of the Makati Regional Trial Court Branch 133 to dismiss the suit filed by Binay last July 20.

The court ordered Binay’s lawyers to submit comment within 15 days. Lawyers for the Ombudsman were also ordered to submit their reply to the comment of Binay’s lawyers within 15 days.

Binay’s counsel Claro Certeza argued that the complaint was filed by the Vice President against Morales, not the Office of the Ombudsman.

Certeza cited Section 13 of Republic Act 6770 or the Ombudsman Act, which states that the Office of the Ombudsman may only investigate or prosecute erring officials. He noted that the office has no authority to represent the Ombudsman in her personal civil case.

“Ombudsman Morales is herself guilty of graft and corruption in using her entire office and government resources for her personal defense,” Certeza said.

“She should either represent herself or hire her own lawyer. She should not use the taxpayers’ money for personal gain,” he added.

It’s a ‘harassment suit vs Ombudsman’

Assistant Ombudsman Asryman Rafanan, officer-in-charge of legal affairs of the Office of the Ombudsman, counter argued that it is clear that Morales is being sued in her official capacity as Ombudsman hence lawyers deputized by the OSG can represent her in the case.

“It’s very clear the OSG has the authority to represent any government official being sued in their official capacity. And of course preliminary investigation is part of the powers and authority of the Ombudsman because that is part of the mandate of the Office of the Ombudsman. So it is very clear it’s in her official capacity,” Rafanan explained.