Questions of independence and impartiality
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While there may be many candidates for the position of chief Ombudsman, it is almost certain that Noynoy’s choice would zero in on retiring Supreme Court (SC) Associate Justice Conchita Carpio-Morales.
For one, Noynoy personally offered her the position, even before the Judicial and Bar Council (JBC) met to set the date for the public’s endorsement of candidates for the position of chief Ombudsman, to which Carpio-Morales reportedly replied that she would do so, as long as former SC Chief Justice Arturo Panganiban, a Yellow and supporter of Noynoy, would endorse her.
He did so, obviously when he was asked to do so by Noynoy. That was already the strong message that Noynoy wants Carpio-Morales as Merceditas Gutierrez’s successor.
While it is the JBC that prepares the list of at least three candidates from which Noynoy will have to choose, it is also almost certain that Carpio-Morales’ name will definitely be included on the JBC list.
For one, the JBC today is peppered with Noynoy’s appointees, along with two members of Congress who are Noynoy’s allies: Sen. Francis Escudero and Rep. Niel Tupas.
For another, having served in the high court, and having the qualifications, Carpio-Morales may be deemed fit for the job.
Maybe. But not quite, if independence and impartiality get into the picture.
It is no secret that Carpio-Morales, cousin to another SC Justice Antonio-Carpio, both of whom are identified with the famous law firm that once served as the Arroyos’ personal lawyers, had a falling out with then President Arroyo. It was only then that the two high court justices, who, when they were still linked to the Arroyos, that their votes always favored the then Malacañang tenant, but who, after the fallout, always voted against Malacañang.
Their voting records can prove this statement. If they are regarded by the Yellows as independent, that is mainly because of the anti-Gloria sentiment that erupted in July 2006.
Does this stance prove that much vaunted independence of the justice and, for that matter, the new appointees to the high court of Noynoy?
This so-called quality of independence needed by the Ombudsman is now under question by former President and current Pampanga Rep. Gloria Arroyo.
On the sixth of June, Arroyo wrote the JBC, asking the body to block the application of Carpio-Morales as Ombudsman.
Arroyo pointed out that she will be the likely principal target of complaints before the Office of the Ombudsman, citing the campaign pledge of Noynoy to go after her and her family.
Arroyo expressed doubts that Carpio-Morales would be fair, when it comes to complaints against her.
Said she in her letter: “If appointed Ombudsman, I sincerely believe that Justice Conchita Carpio-Morales would not have the required independence and impartiality in resolving cases involving me and my family,” she wrote, noting that while Carpio-Morales was a member of the high court, the mentioned justice consistently voted to validate efforts to investigate graft and corruption cases committed during the Arroyo administration.
As Ombudsman, Arroyo pointed out that while the high court is a collegial body, and her vote only counted as one, as Ombudsman, Carpio-Morales would be the sole judge in investigating corruption complaints against her and other government officials.
That’s just the problem with new administrations and their allies. Noynoy wanted Gutierrez impeached because he wanted to appoint a new Ombudsman who would be going after his political foes. Noynoy never made any bones about going after Gloria and her family.
It was the same during Gloria’s time. She went after ousted President Joseph Estrada, and having political influence over both the Ombudsman’s office and the Sandiganbayan justices, he was convicted — even when there was clearly no evidence of plunder.
Noynoy is doing the same time and because of that, there will always be questions of independence and impartiality of the appointed Ombudsman and even appointed justices since their focus would be on the current government’s political foes.
And what happens when Noynoy leaves office and a new Ombudsman is appointed by his successor, if not the same thing all over again?
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