The Ombudsman Supplemental Resolution on the COMELEC/MegaPacific case is some strong signal about how Gutierrez just plans to play her game the next seven years. Yes people, she’s got seven years as Ombudsgirl and that’s a scary thought!

I’m no lawyer but I do know a bit about how governance works in this country. We in the Transparency and Accountability Network have been ranting about the Ombudsman Supplemental Resolution. And who shouldn’t when it’s full of disinformation?! Significant facts of the case established in the Supreme Court decision have been deliberately ommitted or mis-presented in the resolution. At the very least, the resolution is confusing the greater public. And the worst thing that you can think about this resolution is that it is part of the government’s general disinformation campaign.

So what now that the Ombudsman is failing the people?

Unfortunately for all of us, there is no alternate solution. Only and only the Ombudsman does the job of ‘protecting the people.’ The Ombudsman is the only agency charged with prosecuting cases against abusive government officials at the Sandiganbayn. When it doesn’t do its job, we’re stuck with that. Sure, we can run and ask for the Supreme Court’s intervention. But what will come out of it is just for the Supreme Court to probably declare an ‘abuse of discretion’ on the part of the Ombudsman. And then… ask the Ombudsman to re-do its job. Again and again, the job that has to be done goes back to Gutierrez by virtue of the agency’s independence. This is Gutierrez’ strongest weapon… she is hiding behind the cloak of independence!

But so they say, impeachment is a solution… NOT with the composition at Congress. Impeachment as a political process is no solution at all… it’s all a numbers game. Forget the evidence, forget the arguments. The deliberations that happen are all for show to the unknowing public. The numbers are determined early on in the game and for the undecided, the convincing usually happens behind closed doors with money on the table. Of course, there are those very few that actually seriously consider the outcome of the proceedings…

So what next?!

My wish is that the Supreme Court will stand its ground and over and over again remind the Ombudsman of its mandate, however embarassing for the latter! The Supreme Court could be accused of overstepping its authority but with constitutional gaps such as this, it is just but called for that the Supreme Court take an active stance in pursuing the purpose and spirit of the Constitution.

When the Ombudsman fails to protect the people, I hope and pray that the Supreme Court gladly assume the role as protector of the people.

http://toixed.blogspot.com

Ang desisyong ito ay isang insulto, hindi lang sa Korte Suprema at Senado, kundi sa lahat ng Pilipino. Putaktihin sana kayo at nawa’y ito’y maging multo, sa mga nakaupo sa administrasyong ito.

Nguni’t sa kabila ng bulok na desisyong ito, ayon sa isang tsonggong may pangalang Prospero ay tama ito, dahil diumano, ang Ombudsman kuno, ay hindi sakop ng Korte Suprema kuno.

Hoy Tsonggo, saan mo nakuha ang interpretasyon mo, dahil kahit grade 1 ay alam ito, na ang huling taga interpreto, ay ang Korte Suprema kung mayrong problemang ganito.

Hindi ka dapat naging kongresista, dahil laging nakakahiya ang ginagawa mo, lalo na sa mga kabayan mong na humahal saiyo.
Ito’y isang pang ebedensya, na ang ating Kamara maraming m’yembro na may utak-aso, humigit kumulang 70 ang bilang nito.

Mga kababayan, mag-isip at mag-munimuni tayo. Dahil sa dami-daming ginawang panloloko, ay tila bagang manhid pa rin tayo. Kikilos ba tayo kung patay na ang kabayo? Hay…. ambot saiyo. (aywan sa inyo in Yaraw)

And it is Gloria who appoints and she’s there till 2010.

Who knows, the Supreme Court justices today might find themselves seated next to Mercy in the bench in the not too distant future.

Can the Supreme Court review the findings of the investigating panel of the Ombudsman and affirm/reverse it?

The process at the Ombudsman’s level is not yet done because Merceditas has to approve those findings. The Ombudsman usually just signs a reference slip approving the findings, or if it is a disapproval, the Ombudsman can also sign a reference slip and check the box that says “disapproved” in which case he/she again tosses it to another investigating panel. In the case of Aniano Desierto, there had been times when he did not even deign a small paragraph explaining why he was reversing, he would just tick off “disapproved” and assign another investigator.
The Supreme Court at its en banc might choose to wait for Merceditas to sign the investigation report (and that was why she has kept quiet.).
Why has Mercy been too merciful on those who paid off P1.2 billion in public funds on machines that cannot now be used? Since the Supreme Court two years ago had ordered an investigation to find criminal liability, you can be sure that the highest court of the land would have her back if she touched the untouchables, and would back her up if she finds probable cause against the biggest in the Comelec. If the Supreme Court is backing you up, what are you afraid of?
What is Mercy afraid of?
But maybe it is not fear but ambition. Lawyers in the prosecutorial arm of government are career officials, and apparently, Mercy, having come from that mode, is still more keen on career advancement rather than being merciless on crooks. And those on the career path, whether they are in the Sandiganbayan bench or the Ombudsman’s office, are looking at a career in the highest levels of the judiciary, or, eventually, the Supreme Court.

Where else will they go? They’re not inclined to run for office and be like the politicians they should be prosecuting. It is no secret that the Sandiganbayan justices and Ombudsman Ani Desierto had themselves nominated in the JBC to be shortlisted for the Supreme Court. (in the case of Ani, some smart aleck lawyer found out he was disqualified

Also I wonder if you can post PCIJ’s corruption exposes (articles you have done on corruption since 1998) and what the concerned agencies have done so far to address them after the exposes. In that way we can really see how we have been faring in our fight against corruption in this country. What do you say to that?

Thanks so much! Will be waiting for that post.