Justice Secretary Leila de Lima. INQUIRER FILE PHOTO
Justice Secretary Leila de Lima on Wednesday said the Office of the Ombudsman was free to investigate high-ranking government officials, including President Aquino, based on the complaints filed in her department.
“The Ombudsman investigation is just another occasion where an agency performs a ministerial function. A complaint is filed so the Ombudsman has no option under the law but to conduct the fact-finding investigation,” De Lima said in a statement.
According to De Lima, a complaint filed in the Office of the Ombudsman is similar to a case brought to the Department of Justice (DOJ).
“It has no option but to conduct an investigation therein. No one is exempt from these standard procedures. Even the President can be the subject of an investigation by the Ombudsman,” De Lima said.
She said, however, that the Ombudsman may not file charges and prosecute a sitting President, who is removable only through impeachment.
“[The Ombudsman’s investigation] only goes so far as the fact-finding stage because he cannot be subject to preliminary investigation without violating his immunity. Again, only the President is immune from further stages of prosecution. No one else possesses this trait of immunity other than the President, neither high government leaders nor religious leaders,” De Lima said.
The DOJ chief echoed her earlier position that only the President has immunity from suit and not other officials such as the Vice President.
Other legal experts, however, said the Vice President, the justices of the Supreme Court and members of the constitutional commissions were also immune from suit since they may only be removed through impeachment.—Jerome Aning