The Office of the Ombusman: True Servants of the Filipino People

One of the numerous complaints that Filipinos have about the judicial system is its perceived "slowness". Some cases, especially those filed at the Supreme Court, take years to resolve. I asked one of my lawyer friends and there are certain instances where a case takes decades to resolve. What is the reason for such slow response to the issue of justice?

First, I think that it is unfair for Filipinos to judge the judicial system as such. For one, the judicial system right now is under tight watch by majority of Filipinos simply because the primordial concern of most everyone is the speedy dispensation of justice. This is a right enshrined in the Constitution and government is expected to protect it.

If this right is clearly not being respected by the State and judicial bodies fail in their duties to dispense justice at the quickest allowable time, then people often perceive the entire system as dysfunctional, or worst, simply unimportant.

What people don't know right now is there are certain agencies of government that tries very hard to resolve cases filed before them.

I am talking about the Office of the Ombusman.

Yes, there are perceptions that the Office of the Ombusman is one agency of government that behaves like the others. That cases filed before the sala of the OMbusman takes years to resolve. Yet, based on my research, it is very clear that the Office of the Ombusman is actually faster than others.

Examples are charges filed against people responsible for the noodle scam, the ZTE-NBN deal, the swine scam at the Quedancor, the Euro Generals and many others.

Unknown to many, the Office of the Ombusman has taken the cudgels as swift dispensers of justice by investigating thoroughly the roles and participation of certain government officials in these scandals.

Fact is, the Office of the Ombusman took a pro-active role in many of these issues. Sadly though, and this is being talked about in legal circles, the media failed to appreciate the work of the OMB.

And the reason for the misappreciation of the Ombusman's work is the lack of understanding about the legal processes involved in resolving cases.

A friend of mine explained that the Office of the Ombusman starts by investigating the case. After investigation, it then allows parties involved to file answers or counters. Afterwards, it then submits its findings to the Office of the Ombusman where the case is thoroughly looked at, assessed as to its legality or constitutionality and thereafter, recommends either the dismissal or filing of appropriate criminal or administrative charges to the Sandiganbayan. The entire process, from determination of a case, to preliminary investigation to a recommedation for filing of charges takes time.

When the resolution of a particular case has taken the long, yet legal route,people complain and often think that the Office of the Ombusman has neglected its mandate. Like any other agency of government, the OMB is mandated to follow the rules so to speak, otherwise, it will negate its very nature as a judicial body.

The Ombusman can only be accused of a crime or impropriety if it purposely neglects its duty as investigator of graft cases. Or, if it decides contrary to law. Yet, I am in the opinion, and this is based again on my research, the Ombusman has not been remissed of its primary duties. Fact is, according to a 2009 report, it even surpassed its mandate.

And this is largely due to the efforts of the Ombusman Merceditas Gutierrez and most of the Ombusman's men, including Deputy Ombusman for Luzon Mark Jalandoni. Like his boss, Merceditas Gutierrez, Jalandoni, according to some insiders, is one of the most hard-working members of the Ombusman. When he headed the Field Investigation Unit of the OMB, Jalandoni distinguished himself for being the one who discovered the swine scam at the Quedancor.

Jalandoni, insiders say, is deeply committed to the mandate of his office. He serves with utmost dedication. He is one prime example of an honest government servant. MOst of his colleagues respected him, for his dedication, his honesty and integrity.

Anyway, I really think that it is high time for people to give more of their trust to agencies of government like the Ombusman. The people behind this agency works extremely hard. it is rather unfair that we lump them together with other judicial or quasi-judicial bodies which often fail in  their mandates.

The Cycle of Shame

Have’nt you noticed that everytime this administration’s lackeys escape the long arm of the law, they become more brazen in stealing our money? From 1997 up to 2008, the total money which went out of the public coffers and lined the pockets of corrupt and greedy men has cost us more than 67 billion pesos already–enough to subsidize the daily nutritional requirements of Metro Manila’s poor for 3 years. The spike of graft cases occurred just lately, with government deals reaching over the multi-billion peso mark.

Recently, we saw how multi-million dollar projects turn into billion dollars overnight. One example is the Northrail project. We saw how government officials tried to feast on a multi-million telecommunications which only went sour when the public turn vigilante.

Now, our government is opening up the mining and oil fields sector in hopes of getting some much-needed revenues. It’s actually good if the revenues from these projects go straight to us. In all likelihood, some of it may fatten the bank accounts of a few.

The reason being, most of our government officials have a misplaced concept of accountability. High government officials think that they owe their positions to the appointing power instead of the public. They don’t recognize that those monies which have been entrusted to them belong to the people. Yes, we have checks and balances, like the vaulted Commission on Audit. And yes, we have prosecuting arms that investigate and file cases. Yet, for all of these, we find not a single big one, the mastermind, prosecuted for graft and corruption.

So, the impression that these thieves have is, they can get away with murder for as long as (1) they enjoy the trust of the real powers behind the seat of power and (2) the higher they are in the totem pole, the least likely they’ll be prosecuted and put behind bars. Its understandable, given the laxity our agencies put behind anti-graft campaigns.

So, expect more anomalous deals. Brace for more multi-billion peso ones since elections is just around the corner. These deals are out to fatten the pockets of a privileged few just to keep them happy and contented. Anyway, it’s just a simple paper bearing the Seal of the Highest Office that they keep as license for fiduciary murder.

And we go to the very core of this issue–the perpetuation of this thievery by a patronage-oriented leadership. For as long as we have an administration that is being held hostage by its own savage and greedy officials, graft cases will keep on rising. Look–how many of our leaders would benefit from an impeachment complaint? Most, I guess. Those who’ll support will have the promises of rewards. Those who’ll not, will always have the license to continue what they already started. This cycle of thievery of the highest order has already been there. And it will continue unabated for as long as these people in government fail to recognize that there are dire consequences in life, liberty and property should they misplace their accountabilities. For now, we only have God to go to seek comfort whenever we hear of another government official’s guffaws all the way to the bank.

Betrayal of the Highest Order

While millions of us wallow in hunger and poverty, ten prosecutors serving at the Office of the Ombusman just spent 996,000 pesos for a 10-day observation trip to Denver Colorado. 

This was revealed by Special Prosecutor Dennis Villa-Ignacio over ANC's "Strictly Politics". 

Villa-ignacio, who's now locked in a bitter fight for survival, says that these ten prosecutors, led by Deputy Ombusman Mark Jalandoni, made the trip before they conducted a press conference in support of embattled Ombusman Merceditas Gutierrez.

Just a few days ago, the Philippine Star exposed the on-going "power struggle" between Gutierrez and Villa-Ignacio. Reports say, Gutierrez and some p

alace men want Villa-Ignacio out of his office before 2010. The reason? Villa-Ignacio is a stickler of the law, a paragon of humility and uprightness. 

He can't be bought. Neither can anybody bend the principles of this man who successfully prosecuted former president Joseph "Erap" Estrada. Palace gators are flinching in their seats. After 2010, they risk going to jail because Villa-Ignacio refuses to play their game.

Villa-Ignacio refused to handle the ZTE and the Perez robbery cases simply out of principle. He's being pressured to add credence to these "weak" cases.

Since the ascension of Gutierrez, a known and strong ally of First Gentleman Mike Arroyo, as Ombusman, Villa-Ignacio has been stripped of his powers and responsibilities as special prosecutor. His staff has been ordered to report directly to Gutierrez. His budget has been effectively reduced and his powers clipped. He was also charged with graft and corruption. 

Now, his enemies are moving heaven and earth to malign and destroy his reputation. Is this the way this administration reward good people like Villa-Ignacio?

Wagging tongues say Villa-Ignacio's closeness with JDV could probably the reason why he's being eased out of the "inner circle". Others say, the special prosecutor is too upright, too straight a guy for his own good. 

Some coffee shop habitues say Villa-Ignacio is just being made a "sacrificial lamb" by the Arroyo camp who's now engaged in political talks with the Erap camp. His ouster could have been one of the possible "concessions" or "negotiating" points put forward by the Erap camp. 

If that's the case, then, that's a betrayal of the highest order! Is that the reward for those 6 years spent by Villa-Ignacio in researching and attending those trials which led to the conviction of Erap?

And I thought that government has instituted austerity measures due to the worsening food and fuel crises? That's people's money for God's sake!

Wala na bang hiya ang mga taong ito na sa kabila ng kahirapang nadarama ng ating mga kababayan, patuloy naman nilang nilulustay ang pera galing sa pinaghirapang bayarang buwis ng taumbayan?

Napaka walang hiya naman ng mga taong ito! at napakawalang hiya din ng gobyernong ito na magpapahirap sa iilan na lamang na natitirang matitinong taong naglilingkod sa ating mga kababayan!

Binababoy nila ang demokrasya!