Scandalous and messy

The Constitution mandates the Ombudsman and his deputies to “act promptly on complaints filed in any form or manner against public officials or employees of the Government” (Article XI, Section 12). But the incumbent Ombudsman and her deputies culpably disregard this mandate. They drag their feet and take their own sweet time acting on complaints especially against those with Malacañang connections.

And when they finally act on them, they either just dismiss the cases or, if they file them with the Sandiganbayan, the cases are nevertheless dismissed because the undue delay in filing them already violates the right of the accused to due process of law.

The most glaring example of this brazen disregard of the Constitutional mandate is the case against former Agriculture Undersecretary Joc-Joc Bolante in connection with the P728 million fertilizer fund scam. As early as 2005, the Senate Committee on Agriculture already found probable cause to charge him in court and referred it to the Ombudsman. But the latter did not act on the recommendation on the absurd excuse that they wanted to hear Bolante’s side first, as part of due process; but since Bolante fled the country, they said they have to await his return or expatriation.

More than a year ago, Bolante was finally deported by the US and forced to return under “hospital arrest”. After so much dilly-dallying, the Ombudsman finally required Bolante to file his reply to the charges. He was given 10 days which was even extended for another 10 days. Thereafter, around January this year, the Ombudsman through of one of her deputies and supposed spokesman Jose de Jesus publicly and proudly announced that their Office would act on the case within 90 days.

Before the Ombudsman could act on the case as promised, the Senate Blue Ribbon Committee also came out with its report finding probable cause to charge Bolante and other Agriculture officials with plunder. Despite the lapse of almost a year since its self-imposed 90-day deadline and the recommendations of two Senate committees which found probable cause to charge Bolante in court, the Ombudsman has done nothing about this case.

Under no circumstance is this scandalous inaction still excusable. The function of the Ombudsman in this regard is merely to determine probable cause. A finding of probable cause needs only to rest on evidence showing that more likely than not a crime has been committed and it was committed by the persons charged. In this case, it will not take such a long period to determine the existence of reasonable grounds adequate enough to engender a well founded belief that Bolante should be tried before the Sandiganbayan for the crime of plunder.

The Ombudsman’s unreasonable delay in acting on a case obviously happens only because they are looking for ways and means of justifying the dismissal of the charges especially if the persons involved are close to the Palace. In doing so, they go to the extent of evaluating and assessing the probative weight of evidence that will establish the guilt or prove the innocence of these favored individuals. In other words they are already performing the functions of the court.

This is very evident in their action on the ZTE-NBN overpricing and bribery scandal where they readily absolved the First Gentleman (FG) of any liability despite positive testimonies and even photographs showing his involvement in the negotiations which are enough to engender a well founded belief that he should be held for trial. If FG himself has repeatedly challenged his critics to prove their accusations in court, the Ombudsman should have filed the necessary charges to give FG the chance to clear himself with finality. As it now appears to the public, FG is bold enough to hurl those challenges only because he knows that the Ombudsman will not file the case anyway. Unfortunately the cloud of doubt as to his liability still hangs.

Whether the Ombudsman likes it or not, their contrasting moves in the ZTE-NBN anomaly and the Bolante Fertilizer Fund Scam have engendered a public perception that they are trying to protect FG. The Ombudsman acted fast enough and preempted the Senate in the ZTE-NBN anomalous deal by coming out with a resolution absolving FG and the President from any liability and filing of the charges only against Abalos, Neri and the other officials. But when they were preempted by the Senate in the Bolante Fund Scam which may involve FG and Malacañang, they have not acted on the case and refuse to file the necessary charges against Bolante and others involved, up to now.

The Constitution also provides that the Ombudsman has the duty to investigate “on its own”, any act or omission of any public official which appears to be “illegal, unjust, improper and inefficient” (Section 13 (1) Article XI). But in the case of the P60.5 billion road user’s tax fund juggling, the Ombudsman has not initiated any inquiry despite the COA findings. It took the Senate again this time upon the initiative of Senator Miriam Santiago, a Malacañang ally but the nemesis of another Malacañang favorite, DILG Secretary Ronaldo Puno, to expose this “apocalyptic corruption”. The Senate also referred the case to the Ombudsman for the filing of the necessary charges against, among others, Rodolfo Puno, brother of Ronaldo. Expectedly, the Ombudsman will once more sit on this case based on its performance record when Malacañang people are involved.

These scandalous inactions and questionable actions of the Ombudsman are clearly a betrayal of public trust and culpable violation of the Constitution. They are enough grounds for impeachment. But like other impeachment moves before, any impeachment complaint against the Ombudsman will certainly be trashed by the Malacañang lackeys in the Lower House. No wonder this administration is really in a lot of mess right now.

Note: Books containing compilation of my articles on Labor Law and Criminal Law (Vols. I and II) are now available. Call tel. 7249445.

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