How the applicants for ombudsman stand on issues
MANILA, Philippines — The Judicial Bar Council on Wednesday quizzed candidates vying to replace Ombudsman Conchita Carpio Morales, who will hang up her robes on July 26, 2018.
The next corruption buster will be one of the following:
- Silvestre Bello III
- Efren Dela Cruz
- Edna Herrera-Batacan
- Rey Nathaniel Ifurung
- Rainier Madrid
- Samuel Martires
- Felito Ramirez
- Rex Rico
- Edilberto Sandoval
The applicants faced JBC Executive Committee Chair Jose Mendoza, and council members Maria Milagros Fernan-Cayosa, Jose Mejia and Toribio Ilao. They were asked about their backgrounds, intention in applying and their positions on various issues.
Below is a summary of their answers during the JBC’s public interview:
Silvestre Bello
Bello, who is Labor secretary and also chair of the government peace panel in talks with communist rebels, said that becoming the country’s next top graft-buster would be his “last chance” to help President Rodrigo Duterte in his crusade against corruption. He stressed that his public service, which has spanned the administrations of four presidents, proves that he has the necessary skills and abilities.
Bello was Justice undersecretary in 1986 and later promoted to Justice secretary in 1990 during President Corazon Aquino's administration. He was solicitor general from Sept. 23, 1996, to Feb. 3, 1998, under the administration of President Fidel Ramos.
He became Cabinet secretary during the administration of President Gloria Macapagal Arroyo
On the delays in the investigation of complaints: Bello admitted that there is a slow disposition of cases at the Office of the Ombudsman. “When it is slow, it becomes ineffective and expensive.”
To address the delays, Bello said he will move for a better disposition of cases.
On the cases against him before the Office of the Ombudsman: Bello said that a day before he was set to face the JBC for a public interview, he learned that he has been cleared from pending criminal and administrative cases.
READ: Bello claims: I have no pending case at Ombudsman
On the finding of an international trade union that the Philippines is among the worst countries for workers: The labor chief disagreed with the International Trade Union Confederation’s 2018 Global Rights Index, which stressed that workers in the Philippines still struggle to assert their basic right to associate freely and face violent opposition of employers.
“This is the time we can say there is industrial peace in our country,” Bello boasted.
On the president’s disciplinary jurisdiction over deputy ombudsmen: Bello said the president exercises disciplinary power over the deputies because they are appointed by the chief executive. “In order to fully insulate the Ombudsman office from outside interference, especially political influence, dapat pati ‘yung mga deputy should be removed only by impeachment just like the ombudsman.”
Overall Deputy Ombudsman Melchor Carandang was suspended by the Office of the Executive Secretary after charging him for grave misconduct and grave dishonesty.
This was after he supposedly disclosed documents in connection to Duterte’s bank accounts. Morales refused to enforce the Palace’s order because of a 2014 Supreme Court ruling that declared the provision in the Ombudsman Act of 1989 granting the Office of the President the power to remove a deputy ombudsman unconstitutional.
Efren Dela Cruz
For Dela Cruz, becoming the next ombudsman would be a form of promotion. The current chairperson of the Sandiganbayan’s First Division said that his division disposes a high number of cases and has the lowest number of pending cases.
On the undue delays: Dela Cruz vowed he is willing to work early in the morning, leave late and work on non-working days just like the incumbent ombudsman. He added that he would conduct an inventory to determine the chokepoints that should be remedied.
On the structure of the Office of the Ombudsman under the proposed federal form of government: He said that the ombudsman, as well as the Commission on Audit, should be strengthened even in a federal type of government to curb corruption.
On Malacañang’s suspension of Carandang: Dela Cruz cited the high court’s decision that the president cannot exercise disciplinary powers over deputy ombudsmen.
Edna Herrera-Batacan
The veteran lawyer represented high profile clients such as Davao City Mayor Rodrigo Duterte and Mike Arroyo. While she admitted that she has a close relationship with her “kumpare” Duterte, Batacan said that he will not interfere if she is appointed as ombudsman.
She vowed that she wants to come back to the Office of the Ombudsman not for the money and power but out of a desire to change it.
On plea bargaining: Batacan said that she will implement plea bargaining only if necessary.
On Duterte’s remark that the next ombudsman should not be a woman: The lone woman candidate said that the president will not reject an ombudsman applicant for being a woman.
“I think the president loves his mother so much. He loves not only his mother but the women in his life like Sara, Elizabeth—the former wife—and then Honeylet—the second wife—and Kitty,” she said.
On the state of the Office of the Ombudsman: Batacan declared that the Office of the Ombudsman has become a “graft office.”
“[Y]ou have to spend P50,000 just to get the status of the case. In fact, in that office, even if you’re a lawyer—there’s such thing as transparency—you cannot get the status of the case,” she ranted.
On inordinate delays: She said that cases involving fact-finding must be resolved within six months and vowed that she will closely monitor all cases.
Rey Nathaniel Ifurung
Although he admitted that he does not know anything about the inner workings of the office, Ifurung was confident to say that he is fit for the job. “I looked at the candidates, I’m very sorry to state but they look old. I don’t think they can do the rigors of the jobs.”
His top three priorities include going after "big fish," removing the backlog and achieving a high percentage of conviction.
Ifurung sought the ouster of Morales as ombudsman but the SC junked the petition on April 24.
On the proposal to refer cases to the Department of Justice to reduce backlog: One of Ifurung’s plans is to refer cases to the DOJ. “It’s always my opinion that all cases with lesser penalties should be referred to DOJ for the preliminary investigation purposes.”
On the mistake of the incumbent Ombudsman: He said that the office is “into too much litigation.” Ifurung added that the ombudsman should also prod the government to perform their jobs well.
On inordinate delays: Ifurung vowed he will set deadlines on investigations.
On plea bargaining: “I would see to it that there is evidence beyond reasonable doubt if I file a case against any person, especially high ranking government officials.”
Rainier Madrid
The 62-year-old lawyer boasts of his expertise on admiralty and maritime insurance. He, however, does not have experience in government service.
He said he will “reshape” the approach of the office and focus more on civil cases to forfeit assets rather than file criminal cases. “The Office of the Ombudsman should be a money-making entity to save money for the government,” Madrid added.
Madrid served as the lawyer of former Davao City Vice Mayor Paolo Duterte, the president's son.
On Ombudsman’s function under federal government: “Whether it is unitary or federal, I see the ombudsman doing the same things,” Madrid said, adding the office can “fit very well” in the federal set-up.
On presidential son Paolo Duterte: Madrid clarified that he was only a lawyer of the president’s son during the Senate probe into the P6.4-billion shabu shipment.
Asked what he would do if a probe to determine probable cause on the younger Duterte’s case is conducted, he answered: “I will just leave it as it is. Complete inhibition will be the safest track to follow.”
On plea bargaining: He said he would not have agreed with the plea bargain agreement with discharged Maj. Gen. Carlos Garcia, his client. “It was too late. I would have gone for complete acquittal.”
Garcia faced plunder raps after a lifestyle check revealed millions of pesos and properties in his name. The plea bargain deal, however, reduced Garcia’s cases to direct bribery and money laundering facilitation.
On gay remark against Sen. Antonio Trillanes IV: During a Senate hearing last year, Madrid insinuated that the opposition senator could be gay for insisting that his client, Paolo Duterte, reveal his back tattoo.
“[The] Senate hearing was a political circus. Trillanes did not ask about the P6.4 billion. What he did was bring Paolo Duterte to another territory, a propaganda.”
READ: Ex-lawyers of Duterte, son Paolo assert judicial independence in ombudsman application
Samuel Martires
While he is Duterte’s first appointee to the high court, Martires thinks he is not close to the president. He said he has never had the chance to talk to the chief executive after his appointment as associate justice.
Martires was one of the justices who voted to oust Chief Justice Maria Lourdes Sereno.
On the opposition of a group of pastors and priest to his bid: Martires thanked the religious group asking the JBC to reject his application because the move is “making him strong.” The group pointed out that Martires’ questions to ousted Sereno that linked her faith to “mental illness” shows his “lack of respect to faith-based communities” and his “lack of probity.”
“I did not 'faith-shame' any person and never in my life had I faith shamed a person, nor did I shame a person in public or even in private,” he said. Martires also apologized to Sereno.
On Duterte’s remark that the next ombudsman should not be a woman: Martires said he was informed by a reporter that the comment of Duterte was in reference to the chief justice, not to the ombudsman.
On his comment to abandon the “Maria Clara doctrine”: Martires said the logic is non sequitur. “It doesn’t follow that when a woman cries that she was raped, that is indeed she was raped.”
In a 20-page decision dated Jan. 17, 2018, the SC’s the SC's Third Division acquitted Juvy Amarela and Junard Racho from a rape conviction. In ruling on the appeal filed by the two accused, the SC took a departure from the "women's honor" doctrine that was entered into court jurisprudence in the 1960s.
In the ruling, Martires, who penned the decision, took into account the inconsistencies in the victim's narration in her affidavit and court testimony.
Felito Ramirez
The San Beda graduate ranked seventh in the 1972 bar examinations.
Ramirez said he wants the agency, which he considered the “superman” of the country, to tackle small issues such as the problems that affect the “masa.”
JBC tested his knowledge on the office he is applying for but he said he does not know the tagline of the Office of the Ombudsman.
On delayed cases: Should he be appointed as the next corruption buster, Martirez vowed that he would employ the use of technology to address the delays in cases.
Rex Rico
Rico said his experience as a litigation lawyer will be of great help in the task of the ombudsman. Like Duterte, Rico is a product of the San Beda College of Law, Batch 1971. He is a private lawyer of law firm Rico and Associates.
On plea bargaining: The plea bargain deal with Garcia should not have been approved, Rico said.
“The money defalcated by the accused was, if my memory serves me right, was P300 million and he plea-bargained to return only like P120 million… So why should we approve a plea bargaining? Nalugi ang gobyerno, lugi ang taong bayan.”
On “parking fee”: Rico initially thought that he was asked about the literal “parking fee” not the kind of bribery for prosecutors to delay cases. But then he said that the person who sits on a case should be fired. “There should be no second chance,” he added.
On the structural concept of the Office of the Ombudsman under federalism: “If the constitution will be amended, your honor, I cannot divine how it will also change the structure of the ombudsman.”
Edilberto Sandoval
Sandoval, 77, said that he would go on a permanent retirement after performing his duties if chosen to be the country's ombudsman. He served as a Sandiganbayan presiding justice, regional trial court judge of Oriental Mindoro and a Manila court judge.
The special prosecutor of the Office of the Ombudsman proposed that there must be close coordination between the ombudsman and the special prosecutor.
Mendoza of the JBC did not ask him questions because it is his birthday on the day of the public interview.
On plea bargain: Sandoval said the ombudsman should have the responsibility of determining whether to approve or reject a plea bargain agreement.
On inordinate delays: “The cases are too many and I feel the putting of deadline should be strict. We would direct the investigators to strictly comply with the deadline that the ombudsman would set.”
He also tackled the "parking fee" scheme. “To be a good ombudsman, you have to be suspicious [of such incidents].”
On criticisms of selective justice and double standards: “We cannot be accused of selective justice or that we favor because our position is: once the cases are filed, we prosecute it. I was saying without fear or favor.” — with reports from Ali Ian Marcelino Biong
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