‘Gov’t lawyers can’t defend Morales’

Ombudsman Conchita Carpio-Morales. INQUIRER FILE PHOTO

Is Ombudsman Conchita Carpio-Morales violating the Ombudsman Act and the Anti-Graft and Corrupt Practices Act for hiring government lawyers to represent her in the P200-million damage suit filed against her by Vice President Jejomar Binay?

Claro Certeza, the Vice President’s legal counsel, thinks so.

In an interview after a hearing at the sala of Makati Regional Trial Court Branch 133 Judge Elpidio Calis, Claro Certeza, Binay’s lawyer, said Morales cannot be represented in court by these “government instruments” since Binay is suing the Ombudsman in her personal capacity.

Binay, who is facing charges for alleged anomalies in Makati when he was still mayor of the city, said in the 41-page complaint that the defendants were civilly liable for defamation under Article 33 of the Civil Code in relation to Articles 353, 355 and 358 of the Revised Penal Code.

Certeza said Morales was represented by Deputy Ombudsman for Luzon Gerard Mosquera and lawyers from the Office of the Solicitor General during the hearing, which reporters were barred from attending.

Personal case

“(Mosquera) is not authorized (to represent Carpio-Morales) because you know, those from the Ombudsman, their duty is to investigate the cases filed with them. This is a personal case against the honorable Ombudsman Carpio-Morales,” Certeza said.

“Ombudsman Morales is herself guilty of graft and corruption in using her entire office and government resources for her personal defense. It bears to stress that the P200-million damage suit filed by VP Binay against her is a personal civil action and is not against the Office of the Ombudsman,” Certeza said in an e-mailed statement.

Certeza cited Section 13 of the Ombudsman Act (Republic Act No. 6770), which states that the Office of the Ombudsman may only investigate or prosecute erring officials.

“She should either represent herself or hire her own lawyer. She should not use the taxpayers money for personal gain,” he said.

Morales is among the respondents in the civil suit filed by Binay against government officials and lawmakers who allegedly prejudged the plunder cases filed against him and for saying that the evidence against him were strong even if the preliminary investigation is still in progress.

Coaccused

Also accused were Senators Alan Peter Cayetano and Antonio Trillanes, Caloocan Rep. Edgar Erice, former Makati Vice Mayor Ernesto Mercado, former Makati City bids and awards committee vice chair Mario Hechanova, losing Makati mayoral candidate Renato Bondal, former Makati barangay chair Nicolas Enciso VI, Amando Tetangco Jr., Emmanuel Dooc, Teresita Herbosa and Julia Abad of the Anti-Money Laundering Council.

Binay’s complaint also named the Inquirer as respondent for allegedly publishing defamatory news against the Vice President.