ABU DHABI DECLARATION PROGRAMME (ADDP) REGIONAL WORKSHOP: “ENHANCING COLLABORATION BETWEEN SUPREME AUDIT INSTITUTIONS AND ANTI-CORRUPTION BODIES IN PREVENTING AND FIGHTING CORRUPTION”
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Read moreON THE TURNOVER OF ₱53.6 MILLION IN GARCIA’S FORFEITED ASSETS TO THE BUREAU OF TREASURY
The efforts of the Office of the Ombudsman to seize the ill-gotten wealth of former Maj. Gen. Carlos Garcia has come full circle. The turnover of ₱53.6 million in cash and forfeited land titles from Garcia to the Bureau of Treasury last week was also a vindication of sorts for Ombudsman Samuel Martires and Special Prosecutor Edilberto Sandoval. Sandoval was then the presiding justice of the Sandiganbayan while Martires was among the three justices of the Sandiganbayan Special Second Division who approved Garcia’s plea bargaining agreement with the Ombudsman prosecutors in 2011. Under the agreement, Garcia would plead guilty to committing a lesser offense of direct bribery and facilitating money laundering instead of standing trial for plunder. The former military comptroller also agreed to hand over ₱135.4 million of his assets to the government. The compromise agreement resulted in the filing of a complaint in the Department of Justice against Martires, Sandoval and then Sandiganbayan Associate Justice Teresita Baldos, who were accused of issuing an “unjust interlocutory order.” The DOJ’s National Prosecution Service would eventually dismiss the complaint for lack of merit. The Aquino administration had challenged the plea deal and led to the impeachment of then Ombudsman Merceditas Gutierrez in the House of Representatives, subsequently prompting her to resign in May 2011 as the Senate was about to start her impeachment trial for betrayal of public trust. On September 16, 2020, the Supreme Court upheld the validity of the Sandiganbayan’s decision that greenlighted the agreement as it echoed the antigraft court’s position that the government prosecutors failed to present sufficient evidence that would warrant Garcia’s conviction for plunder. In a 40-page ruling penned by Associate Justice Marvic Leonen, the high court unanimously concluded that the compromise deal “appears to be procedurally sound” and was consistent with the Rules of Court. “Considering the prosecution’s failure to prove private respondent Garcia’s guilt for plunder and money laundering beyond reasonable doubt, respondent Sandiganbayan cannot be said to have gravely abused its discretion in approving the assailed plea bargaining agreement,” the high court ruled. Interestingly, Leonen had initially opined that the plea deal was “void” when he testified during a Senate inquiry in 2011 as the then dean of the University of the Philippines’ College of Law. Martires, who was publicly pilloried along with Sandoval and Baldos, said he was confident that their 2011 decision would stand the judicial scrutiny and review by his former colleagues in the judiciary as he maintained that they were just after the interest of the public in handling the case against Garcia. “As what I have always told my fellow justices then, the time will surely come when the Holy Spirit will unfold the truth in this case,” Martires said. “To my mind, the Supreme Court ruling was a vindication of our decision as it was penned by no less than the justice who previously said that the plea bargaining agreement was erroneous,” he said. For his part, Sandoval is elated that their much-maligned decision has now borne fruit and brought additional revenues to the state coffers. He also recalled that the administrative and criminal complaints filed […]
Read moreINTERNATIONAL ANTI-CORRUPTION DAY
Statement from the Office of the Ombudsman, Republic of the Philippines In pre-COVID 19 days since its establishment, the Office of the Ombudsman has already seen how corruption has evolved and persisted despite the many efforts at prevention and at deterrence through prosecution of offenders. In these times, corruption even found an ally in the global health emergency wherein urgencies in operations and quarantine measures may have falsely bolstered the confidence among perpetrators that corrupt activities would go unnoticed as the vigilant public becomes locked down. With this pervasiveness, the Office of the Ombudsman is one with the international community in underscoring the importance of a whole-of-society approach to combat corruption. The Office acknowledges what the 2021 International Anti-Corruption Day seeks to highlight – all stakeholders “including States, Government officials, civil servants, law enforcement officers, media representatives, the private sector, civil society, academia, the public and youth” have a crucial role to play in advancing the anti-corruption agenda. As such, all should be empowered and be involved in order to play such role with much potency and conviction. In show of support to the 2021 International Anti-Corruption Day campaign, the Office of the Ombudsman remains steadfast in discharging its duty through an inclusive corruption prevention campaign and an investigation and prosecution that are mindful of the rights and protection of stakeholders. The Office believes that anti-corruption is everyone’s business as it is ultimately the welfare of the rest of the nation that becomes at stake each time our coffers are used for illicit gains and each time a government fails to deliver its duty to serve and protect. The Office echoes this year’s International Anti-Corruption Day campaign theme and call on each one of us to exercise Your right, your role: Say no to corruption.
Read moreOMB has full trust and confidence on nominees for DO Mindanao
Ombudsman Samuel R. Martires said that he has full trust and confidence on the integrity and competencies of the three (3) nominees in the shortlist of the Judicial and Bar Council (JBC) for the position of Deputy Ombudsman for Mindanao. The JBC shortlist, released in May 17, 2021 includes Atty. Beda A. Epres, Atty. Maria Iluminada S. Lapid-Viva and Atty. Anderson Ang Lo. The position is yet to be filled by President Rodrigo R. Duterte. The Ombudsman said that the three (3) nominees have undergone vetting process by himself through exhaustive background checks. “Nothing turned up derogatory in my vetting, no one has a record of graft and corruption in their present and previous positions or employments,” said the Ombudsman. “If I can have it my way to appoint and create two more positions, I would like them to all serve as Deputy Ombudsmen for Mindanao.” ### Public Information and Media Relations Bureau Office of the Ombudsman Telephone No. 8479.7300 local 2122
Read morePRESS RELEASE/STATEMENT
“The Office of the Ombudsman would prefer to work quietly and away from the limelight, particularly when the reputation of people in the government is concerned. After all, we still operate under the Constitutional presumption of innocence and the statutory presumption that official functions are regularly performed.” This was the statement made by Ombudsman Samuel Martires in relation to the Annual Audit Report (AAR) posted by the Commission on Audit in its website. The AAR contains the various observations of the COA with respect to its inquiry into the budget utilization of the Department of Health (DOH) for fiscal year 2020. Ombudsman Martires also revealed that he ordered, motu propio, and as early as June 2020, the investigation relative to the procurement of test kits, PPE’s and other emergency purchases; including the non-payment to ” fallen health workers” and those infected by the virus; as well as the lapses and inefficiencies that led to the rising number of deaths and infected medical frontliners. The on-going investigation already resulted to the preventive suspension of at least five (5) DOH officials sometime in October 2020.” Our next step now is to review the COA Report and compare the same with our findings to determine the existence of any administrative or criminal liability in relation to the financial transactions of the DOH,” the Ombudsman added. He stressed that their investigation is also focused on determining the causes of inefficiency or mismanagement and identifying areas prone to corruption, the results of which will be communicated to the agency concerned and to Congress for appropriate legislation, if necessary. With the 2020 AAR this will greatly help in their investigation. Earlier, former Ombudsman Conchita Carpio Morales pointed to a 2017 COA-OMB Memorandum of Agreement that created a task force composed of COA auditors and Ombudsman investigators to automatically investigate audit observations tagged by the COA. “I would like to apologize to former Ombudsman, Justice Conchita Carpio Morales for not informing her that I deactivated the task force because I noted some legal infirmities in the MOA like usurpation of authority. I also want to avoid another wastage of government resources and embarrassment on the part of the Ombudsman prosecutors, the likes of which happened in the numerous cases which Justice Carpio Morales filed against a former Congressman and several department heads of Caloocan City.” Ombudsman Martires was referring to the anti-graft and malversation cases filed by former Ombudsman Carpio Morales based on an Audit Observation Memorandum of the COA. When the cases against former Congressman Echeverri, et al. were filed, the audit process has not yet been completed and the accused were able to appeal the audit observations to the Commission en banc, which overturned the findings of the auditors. Meanwhile the OMB criminal cases pending with the Sandiganbayan reached the Supreme Court which, on the basis of the decision of the Commission Proper, dismissed the cases. This forced the prosecutors of the Office of the Ombudsman to withdraw the other cases against Echiverri, et al. Ombudsman Martires also clarified that “The AAR is composed of several Audit Observations Memorandums and the agency is given the […]
Read moreSTATEMENT OF OMBUDSMAN SAMUEL R. MARTIRES
This pertains to the observations of the Commission on Audit (COA) anent the Department of Health’s (DOH) 2020 budget utilization as contained in its Annual Audit Report (AAR). It must be noted that the AAR contains several Audit Observation Memorandum reports, and at this stage of the proceedings, the Office of the Ombudsman will await the completion of the auditing process as the agency is given the opportunity to ensure full implementation of all audit recommendations to improve the financial and operational efficiency of the DOH. Following this, should there be non-compliance or disagreement in the implementation of the recommendations and observations of the auditors, the matter may still be elevated to the COA en banc which has the final say on the matter. To await the finalization and completion of the auditing process avoids a repeat of having to withdraw cases already filed in court based on preliminary audit findings similar to the events that transpired in the Echiverri cases in 2018. ### Public Information and Media Relations Bureau Office of the Ombudsman Telephone No. 8479.7300 local 2122
Read moreOmbudsman will not appeal Senator Revilla’s acquittal of 16 PDAF graft charges
The Office of the Ombudsman has rested its case against Senator Ramon “Bong” Revilla Jr. This after the Sandiganbayan (SB) acquitted him for insufficiency of evidence on the remaining 16 graft cases in relation to the pork barrel scam. The SB First Division voted 3-2 to grant Senator Revilla’s Demurrer to Evidence, AND WE RESPECT ITS DECISION. Consistent with the defendant’s constitutional right against double jeopardy, Ombudsman Samuel Martires sets the policy of no longer challenging the dismissal of cases/quashal of information and judgments of acquittal, either through a motion to dismiss, a demurrer to evidence or by a decision, rendered by the trial courts or the Sandiganbayan except when the People was clearly deprived of due process or there was mistrial. In 2014, Senator Revilla was accused of diverting his Priority Development Assistance Fund for the years 2006 to 2009 to non-governmental organizations linked to Janet Napoles, and getting P224.5M kickback in the process. A demurrer to evidence is a motion to dismiss on the ground of insufficiency of evidence. The grant of the court of the demurrer is tantamount to an acquittal because the defendant is cleared of the criminal case and is no longer required to present his evidence. ### Public Information and Media Relations Bureau Office of the Ombudsman Telephone No. 8479.7300 local 2122
Read moreOMB rolls out values education campaign in pilot areas
The Office of the Ombudsman has launched its values education campaign as part of its character transformation plan under the umbrella of the WE PROTECT (We Establish Public Responsibility Outcomes through Enforcement, Collaboration and Transformation) program. Zeroing-in on developing an ethically precocious young population—arguably the most impressionable among its stakeholders—the values education and anti-corruption drive has been rolled out initially in 2 key areas: the province of Pangasinan in Luzon and the City of Calbayog in the Visayas. “We believe that by nurturing an anti-corruption attitude at an early age, the future generation will be armed with these anti-corruption stance and advocacy when they grow up as professionals and leaders of the nation,” Ombudsman Samuel R. Martires has repeatedly emphasized in the course of his 3 year-stint as the nation’s chief graftbuster. Couched in simple language, the central message of the values education campaign strikes a spiritual chord: “ANG TAONG MAY TAKOT SA DIYOS AY HINDI GAGAWA NG MASAMA. ANG KORAPSYON AY MASAMA.” In Pangasinan, the roll out started from the capital town itself—Lingayen—whose local chief executive vowed to echo the content and theme of the information, education, and communication (IEC) collaterals for each of the thirty-two (32) barangays in the capital town. “We have the same advocacy, to get rid of corruption as a major driver of social and economic development, said Mayor Leopoldo Bataoil who brought in key department heads of the Lingayen LGU in the roll-out conference. As of this writing, several local government units (LGUs) in the first district of Pangasinan have shown and displayed their commitment as local partners in the anti-corruption drive: the municipalities of Agno, Burgos, Sual, Dasol, Infanta and Mabini. A couple of church parishes has also signed in to be part of the character-driven campaign—the St. Catherine of Alexandria Parish (Agno) and the Immaculate Conception Parish (Bani). Over at Calbayog City, the Office of the Ombudsman has found a staunch ally in the Office of the Liga ng mga Barangay of Calbayog City led by Councilor Ariel Rosales. The IEC displays have been sprouting in strategic areas of the City where pedestrian and vehicular traffic is heavy. The values education campaign was launched in Iloilo City and the National Capital Region in 2019 but the initial roll out for the campaign collaterals was put on hold due to the COVID-19 pandemic. More than a year later, given the circumstances, the Ombudsman saw it fit to roll out the campaign in the provinces. ### OMB IEC campaign roll out photo documentation PUBLIC INFORMATION AND MEDIA RELATIONS BUREAU (PIMRB) Telephone No. 8479.7300 local 2122
Read moreSC Rules that OSG Has No Control Over Ombudsman, Dismisses Petition
SC Rules that OSG Has No Control Over Ombudsman, Dismisses Petition
Read moreOmbudsman reiterates implementation of suspension order against MCIAA GM
The Office of the Ombudsman has required the office of the Secretary of the Department of Transportation (DOTr) to submit the status of the implementation of the preventive suspension order issued against Steve Dicdican, General Manager of the Mactan-Cebu International Airport Authority. In a letter to Secretary Arthur Tugade, the Office of the Ombudsman mentioned that it has been receiving reports that respondent continues to report to office despite the order for his preventive suspension. A copy of the preventive suspension order was likewise served upon Atty. Dicdican thru his official email address in accordance with the Supreme Court 2019 Revised Rules of Procedure. As a lawyer, he should not wait that the order be officially served upon him by the DOTr Secretary because he is expected to observe compliance with lawful orders of duly constituted authorities. Under the Office’s rules on procedure, a compliance report must be submitted by the DOTr within three calendar days from receipt of the Order of Implementation. The office of Secretary Tugade was provided with copies of the order on 17 December 2020. ### Public Information and Media Relations Bureau Office of the Ombudsman Telephone No. 8479.7300 local 2122
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