Ombudsman beefs up prosecution team with 2 DOJ lawyers

Office of the Ombudsman. PHOTO from www.ombudsman.gov.ph

MANILA, Philippines–Ombudsman Conchita Carpio Morales is bringing in two litigation lawyers from the Department of Justice (DOJ) to beef up the prosecution team handling the plunder cases of Senators Juan Ponce Enrile, Jinggoy Estrada and Bong Revillla Jr. in the Sandiganbayan.

At Revilla’s bail hearing on Thursday, Ombudsman Director Joefferson B. Toribio, head of the prosecution team, told magistrates that the Ombudsman had deputized Justice Undersecretary Jose Justiniano and acting Director Arnold Joseph Co to augment the four-member prosecution team.

Lawyers of Revilla and chief of staff, Richard Cambe, protested the appointment of Justiniano and Co, claiming that the Ombudsman should appoint only in-house lawyers. But the lawyer of coaccused Janet Lim-Napoles welcomed the appointments.

In an interview with reporters during a break at the hearing, Justiniano said Morales had talked to the prosecutors a week ago about joining the prosecution team.

Justiniano said the Ombudsman’s prosecutors would still take the lead in the case and that they just would be working behind their bench.

He said that he and Co were asked to help the Ombudsman since as DOJ lawyers, they took part in preparing the plunder case against the senators.

Justiniano has been sitting behind the prosecution team in several Sandiganbayan plunder hearings in the past few weeks, observing and at times, actively discussing talking points with the prosecutors during court breaks.

Revilla’s lawyer, Joel Bodegon, said that he was surprised the Ombudsman sought outside help when the prosecution team was handling the case smoothly.

“It is not for us to say why the Ombudsman did that. There is that provision that the Ombdusman can deputize but it did not state the premise why they are appointing augmentation lawyers to help in the case. There is no reason stated in their deputization letter,” Bodegon said.

He described both Justiniano and Co as skilled lawyers from highly regarded law firms. Justiniano used to be part of SyCip, Salazar, Hernandez & Gatmaitan, or SyCipLaw while Co came from Angara, Abello, Concepcion Regala & Cruz or Accra Law.

“I don’t know (their insertion will impact the case). We have to see. I think Prosecutor Toribio will still have control and supervision. That is explicit to the deputization document,” Bodegon said.

Justiniano, the counsel who obtained the acquittal of four American soldiers in the Subic rape case, has been accused by Estrada of coaching the whistle-blowers in the pork plunder case. Justice Secretary Leila de Lima has denied Estrada’s allegation.

The Ombudsman’s prosecution team has stumbled in the early going of the plunder cases with its vaguely worded complaints and amateurish mistakes in presenting facts of the case.

There were calls for a revamp of the team as some of its members reportedly have a record of losing in a number of antigraft cases.