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Leading The Charge: A Roadmap To Fighting Corruption Head On
Leading The Charge: A Roadmap To Fighting Corruption Head On
No one is spared. No one can claim that he or she is beyond the reach of
the long arm of the law. Not even our own Ombudsman employees. One
of the priority orders that I issued was the reorganization of the
Ombudsman Internal Affairs Board (IAB), which is tasked to investigate
all criminal and administrative complaints against erring Ombudsman
personnel. For the longest time, the IAB did not have any record
management system and no case inventory to speak of. For us to gain a
measure of credibility, we had to show to the public that our own
internal disciplinary mechanism was working. Thus, we have been able
to effectively discipline our own ranks. To cite a few examples:
a.
A former Deputy Ombudsman was convicted of perjury for
nondisclosure of a property in his SALN or Statement of Assets,
Liabilities and Net Worth;
b.
A former Deputy Ombudsman was fined and barred from public
office due to grave misconduct;
c.
A former Deputy Ombudsman and a former Assistant Ombudsman
were charged for tampering with official documents;
d.
An associate graft investigation officer was ordered dismissed
from the service for attempting to extort money from a customs official;
e.
An Ombudsman records officer was also dismissed from the
service for demanding and receiving facilitation money amounting to
P30,000 in 2007 for the issuance of an Ombudsman
clearance/certification;
f.
An Ombudsman process server was also dismissed from the
service after an NBI entrapment operation caught him in the act of
unlawfully demanding money with threats of initiating an Ombudsman
case against a government employee involved in a gun-toting incident.
Inspiring people to toe the line necessitates instilling discipline among
the ranks. Ombudsman employees are not immune from public scrutiny.
Integrity starts with every Ombudsman employee. Grand motherhood
administrative fines and other fees it collects. This allows the Office to
provide health benefits and incidental insurance to its field investigators
and prosecutors, without relying heavily on annual appropriations and in
accord with the constitutional grant of fiscal autonomy.
There is also the need to enhance the Ombudsmans capacity for asset
recovery. The culprits should not be allowed to indulge and squander
their ill-gotten wealth or criminal proceeds while the criminal case pends
for years. They should be immediately paralyzed where it hurts the most.
One way to hasten asset recovery is to allow direct filing of a petition for
forfeiture, without conducting a preliminary examination akin to
preliminary investigation. By doing away with preliminary investigation,
the respondent would not be alerted and prompted to dissipate his or her
assets. Removing from the statute books the stage of preliminary
investigation allows the immediate seeking of provisional remedies from
the court to preserve the unlawfully acquired assets.
Another initial and vital step is the grant of authority for the
Ombudsman to immediately register an adverse claim on the property
before the appropriate government agency in order to put on notice third
parties that the assets are in the process of being forfeited in favor of the
State, thereby averting possible transfer to innocent third persons.
Similarly, the Office advocates the retention of at least 30 percent of
forfeited assets successfully recovered, the fund to be utilized for
forfeiture operations and capacity-building needs. Pending forfeiture
proceedings, the Office proposes a grant of authority in its favor to sell
the forfeited assets when there is a need to preserve the value of the
property which could otherwise devaluate in the long run.
and the MBC Executive Survey Outlook the past years, much remains to
be addressed. We are only beginning to scratch the surface of the
problem.
For one, the legal and judicial structure that we currently operate in has
provided the Ombudsman the biggest setbacks in its anti-corruption
campaign. The glacial pace of trial in our courts as well as the creative
legal maneuverings of unscrupulous lawyers and their clients continue to
confound our work.
The Offices mandate became all the more challenging in light of the
recent decision of the Supreme Court in Morales v. Court of Appeals
and Binay where it ruled on the ineffectiveness and unconstitutionality
of the first and second paragraphs, respectively, of Section 14 of
Republic Act No. 6770 or the Ombudsman Act.
As a result, we now see a spate of temporary restraining orders or TROs
and injunctions being issued by the appellate court against our
administrative investigations and findings. This effectively stymied the
policy of limiting judicial interference in the conduct of Ombudsman
investigations, thus further undermining the Offices role as protector
of the people.
A silver lining in this Morales case is the abandonment by the Supreme
Court of the condonation doctrine which condones the administrative
liability of a public official re-elected to the same position for offenses
committed during his/her preceding term.
Moreover, the Office, in addition to its pending cases and other anticorruption programs, has to contend with undeserved accusations of
partiality and selectiveness. The Office is unperturbed, however. Such
accusations are par for the course. Let it be said that we only adjudicate
on the basis of evidence presented before us.
The existence of standard procedural rules applicable to everyone
ensures the impartiality of the process. In deciding cases, the Office goes
by the evidence. The decisions, resolutions and orders of the Office are
likewise open to any challenge or scrutiny entailed by appellate
remedies availed of by an aggrieved party.
In compliance with the requirements of due process, the Office affords
every party the opportunity to be heard. Regardless of the gravity or
popularity of the case, it is primordial to observe the right of the parties
to be heard. The institution of a case is an avenue for the complainant to
seek redress to a grievance. On the other hand, it should be taken as a
welcome opportunity for the respondent to, once and for all, clear his or
her name. All of these are geared towards the common goal of ultimately
ferreting out the truth.
The Philippines cannot afford to pause and lose the momentum.
Stamping out the forces of corruption is as imperative as granting the
Filipino people the full measure of the blessings of a robust economy.
Good governance leads us closer to achieving inclusive growth,
generating employment, and reducing poverty, and eventually and
ultimately creating greater prosperity for the greatest number of people.
I am confident that the spirit of good governance and integrity will
triumph over the forces that sow social inequities and economic
disparities. Earnest cooperation and collective effort will allow the
nation to attain its development objectives. These undertakings work
toward ending the cycle of impunity and poverty, and cultivate a culture
of integrity and excellence.
After all, these are not just the gains of the Office of the Ombudsman,
nor the gains of one administration. These gains redound ultimately to
the Filipino people united under one solemn Constitution.
Five years into my work as Ombudsman, I have learned that institutional
independence, fiscal autonomy or law enforcement capability are only
secondary to the most important factor in the success of any anticorruption agencyits human resource. All these grand blueprints of
action will never see fruition unless one has a team of public servants
who are committed and passionate with the work.
While it is important to send the message to the public that the Office is
serious in running after rogues in government, it is equally important to
underscore to Ombudsman personnel that management is likewise
serious in putting in place the cornerstones for efficiency, effectiveness
and integrity in every step of our core processes. It is important as well
to let all employees know the importance of ones contribution in the
overall scheme of things. The success of my terms eight-point agenda
depends on the collective efficiency of the entire human resources of the
Office.
I stand before you today not as the Ombudsman, but as a representative
of the Office of the Ombudsman. I speak for their behalf, in conveying
our shared vision and collective responsibility in carrying out our
constitutional mantra of being the protector of the people.
The Philippine Constitution itself recognizes the familys inherently
essential rights and equally important responsibilities, as it mandates the
State to protect and strengthen the family as a basic autonomous social
institution. The State is constitutionally mandated to support the
natural and primary right and duty of parents in the rearing of the youth
for civic efficiency and the development of moral character. The