SC junks Syjuco petition vs Ombudsman Act

By: Tetch Torres-Tupas - 10 years ago

Augusto Syjuco Jr. INQUIRER FILE PHOTO

MANILA, Philippines—The Supreme Court dismissed the petition filed by former Iloilo Representative Augusto Syjuco which sought to nullify a provision from the Ombudsman Act for violating the constitution.

In a resolution made public Wednesday, the high court said Syjuco’s claim that he tends to suffer with the implementation of Section 8(2) of the law “has no leg to stand on.”

Section 8(2) provides that “a deputy, or the special prosecutor, may be removed from office by the President for any of the grounds provided for the removal of Ombudsman and after due process.”

Syjuco, in his petition, said that Section 8(2) violates the constitutional provision giving independence to the Office of the Ombudsman and insulating it from influence and partisan politics.

He said with his cases pending before the Office of the Ombudsman, he has “suffered great injustice and injury by reason of the interference of the Executive” especially with Pres. Benigno Aquino III’s marching orders to prosecute members and allies of the Arroyo administration.

But the high court, in its ruling, said “we rule that petitioner failed to demonstrate adequate interest in the outcome of the controversy as to vest him with the requisite legal standing. Neither was it shown that he has sustained a direct injury as a consequence of the enforcement of the said provision.”

Besides, the high court said Syjuco’s petition is already moot and academic because it has already declared Section 8(2) as unconstitutional in a previous case.