EDITORIAL : THE DAILY TRIBUNE, THE PHILIPPINES

 

 

Make or break

 
Senate President Juan Ponce-Enrile is right in his analysis that the next Ombudsman can make or break Noynoy Aquino’s government. He must perforce make the right choice in appointing the next Ombudsman, who will have to be measured by higher standards, given the many charges leveled against resigned Ombudsman Merceditas Gutierrez on the turtle-slow pace she had in resolving cases, along with the charge that she was so incompetent that she had a very low rate of conviction.
Noynoy and his allies demonized Merci too much that Filipinos will now expect the new Ombudsman not only to resolve complaints and their investigation and resolution with speed but also measure the new Ombudsman’s “competence” through a high conviction rate.
In other words, by wrecking the reputation of Merci as an Ombudsman, Noynoy gave himself a bigger problem with a new Ombudsman who may not fit the public’s expectation.
There is very little question that whoever becomes the next Ombudsman will be going after the previous Malacañang occupant and her officials. This is expected, and it is just as certain that whoever Noynoy appoints to that top position will also share his bias against Noynoy’s political foes. Naturally, since the focus will be on the previous administration officials, Noynoy’s allies and cronies will be spared of any and all charges and prosecution.
This is what happened during the term of Cory Aquino, where all focus on claimed corruption was on the Marcoses and his associates and cronies. But where did it get Cory or the Yellows, or even the nation, for that matter, when the cases were filed, not because there was strong evidence with which to convict them, but because of political motivation and presidential influence over the judges at that time.
It may have taken years, even decades, but to this day, Imelda Marcos has not been convicted and many of her cases have been dismissed. She was even acquitted by a US court on Rico charges, as there was no evidence from the Philippine government to prove its case.
Whoever is appointed Ombudsman, whether a soon to be retired high court justice or someone else, the truth is that it is not as simple a case of an Ombudsman to quickly investigate and resolve complaints to elevate them to the Sandiganbayan. And it is just as certain that whoever will be appointed the next Ombudsman will not be without bias against the previous administration officials, besides which, that new Ombudsman will be just as vulnerable to political influence.
Simeon Marcelo, as Ombudsman, also took a long time in resolving cases and most of the cases elevated to the anti-graft court were hardly buttressed by strong evidence. At the same time, cases concerning then sitting President Gloria Arroyo’s allies, such as Hernando Perez, with all the documents that could have convicted him for plunder, Marcelo even sent to Gloria, as Marcelo waited for directions on what he should do. So much for independence that the Yellows ascribe to Marcelo.
Even some of the high court justices identified with a famous law firm were hardly independent as they always voted in favor of Gloria and only turned against her when the law firm and the Arroyos had a falling out.
Thus far, the voting record of these justices is always today in favor of the current Malacañang tenant.
But the test of independence and integrity of an Ombudsman should not be based on the new official running only after Noynoy’s political foes, but running equally against the new administration officials, as well as Noynoy’s allies today who were not too long ago, the allies of Gloria Arroyo, and who were also said to have been involved in many irregularities.
But already, Noynoy is leading the way in the absolution of his allies and officials, and without even the benefit of an investigation, such as the recent tax evasion charge of his Finance chief, Cesar Purisima, where Noynoy said would not be subjected to any investigation, as he has already explained his case. But it is such attitudes and moves that may make or break Noynoy and his government, just as the choice of his Ombudsman, and how that official will fare, may make or break him.