| PRESS RELEASE
20 November 2009
The improved ranking of the Philippines in the Transparency International’s (TI) 2009 Corruption Perceptions Index (CPI) should inspire Filipinos, government officers and private persons alike, to exert more effort to stamp-out corruption in the country.
The statement was issued by Assistant Ombudsman Jose T. de Jesus, Jr., in the wake of reports quoting retired Judge Dolores Español, head of TI-Philippines, that the country’s latest CPI score is a “misperception” on the government’s initiatives, because it allegedly failed to consider recent Ombudsman decisions on several controversial cases.
The Philippines ranked 139 among 180 countries perceived to be the most corrupt in the 2009 CPI. It ranked 141 last year.
AO de Jesus said Español should have first checked accurate data before she indulges in non-accurate criticisms.
He explained that the panel in the NBN-ZTE case exonerated First Gentleman Mike Arroyo because of insufficiency of evidence. On the other hand, the Office of the Ombudsman refused to act on the case of President Gloria Macapagal-Arroyo due to her immunity from suit.
He said contrary to Español’s allegation, the panel did not “absolve” the principal respondents in the NBN-ZTE case. In fact, former Commission on Elections Chair Benjamin Abalos and then National Economic Development Authority Chair, now Social Security System President Romulo Neri were indicted by the panel for graft.
He also negated the TI-Philippines’ head’s statement that the Office charged the whistleblower in the said case: businessman Jose de Venecia III, was also exonerated by the panel together with his father, former Speaker Jose de Venecia Jr., for lack of probable cause; Rodolfo “Jun” Lozada was not among those included by the complainants as a respondent in the case.
Ombudsman Ma. Merceditas N. Gutierrez inhibited from the case due to the complainant’s motion for her to recuse therefrom, and instead delegated the final authority to approve or disapprove the panel’s resolution to Overall Deputy Ombudsman Orlando Casimiro.
On charges that the Ombudsman intentionally filed weak cases against former Justice Sec. Hernando Perez to ensure that he would be exonerated by the Sandiganbayan, AO de Jesus said “if indeed that was the Ombudsman’s intention, then the latter could have just dismissed the cases against him (Perez), and not gamble with the possibility that the Sandiganbayan would find the case strong and convict him of the crime, especially after the desistance of the main complainant, former Cong. Mark Jimenez.”
On the World Bank case, AO de Jesus said it is now undergoing preliminary investigation. On the other hand, investigation of the fertilizer fiasco, which covered 17 regions of the country and involving a cabal of public officials from congressmen, governors, mayors, barangay officials as well as individuals from non-government organizations, is continuing without letup.
He also stated that records do not lie. Since Ombudsman Gutierrez assumed the post in December 2005 up to August 2009, the Office of the Ombudsman has disposed of a total of 29,354 cases. This runs counter to Español’s accusation of the Ombudsman’s alleged “lackluster approach” in fighting corruption.
AO de Jesus also cited the 2009 Political Economic Risk Consultancy (PERC) Report, which showed that the Philippines has posted the highest gains in the area of eradication of corruption. The PERC Report also pointed out that what has caused the perception level in our country to go down is that the problem of corruption in the Philippines is highly-politicized. It said “the actual level or corruption in the country is not as bad as it is often portrayed”. It further stated that talk of corruption in the Philippines has to be discounted since many of the accusations either are grossly exaggerated or completely false.
For her part, Ombudsman Gutierrez said Español, being a former judge, is aware that the fight for justice, equity and freedom from graft is an uphill battle. She said Español herself experienced how to be investigated and adjudged guilty of gross ignorance of the law and fined ₱5,000 by the Supreme Court (AM No. RTJ-04-1850); and ₱11,000 for inefficiency and neglect of duty (AM No. RTJ-03-1785). She further said, before one points a finger at another, she should remember that three of her own fingers are pointed to at her also.
AO de Jesus advised Español to look at the records first before issuing statements bordering into the parameters of the subjudice doctrine (for discussing merits of cases now pending before the High Court such as the Perez case), and even anti-Filipino.
AO de Jesus further said, “she (Español) should be careful in her portrayal of the country as corrupt, doubting even her own agency’s recent corruption ranking of the Philippines, for in doing so, without thoroughly checking the facts, she only contributes to her own country’s economic downfall instead of uplifting and encouraging everybody to fight-on and continue moving up in the perception of the world, as a determined graft-buster.”## | 
