Ombudsman tells courts to ‘mirror selves’

Ombudsman Conchita Carpio Morales TRISTAN TAMAYO/INQUIRER FILE PHOTO

Ombudsman Conchita Carpio Morales on Monday expressed frustration at the Sandiganbayan’s dismissal of high-profile cases on the grounds of unreasonable investigation delays without looking at their merits.

Morales broke her silence in an interview with CNN Philippines anchor Pinky Webb three months after last granting an interview with regular reporters on Jan. 25.

In the television interview, Morales admitted being “frustrated” that the Office of the Ombudsman appears to be the only office to be scrutinized for alleged delays, when the Constitution mandates the speedy disposition of cases at all levels including the judiciary.

She also bemoaned that cases involving millions of pesos get “nipped in the bud” instead of being subjected to a trial on their merits.

“To deny there are shortcomings is being dishonest,” Morales said. “But, to say that because there are shortcomings, we should be faulted for it or the cases that we file belatedly should be dismissed is another story.”

“Just look at the records of the trial courts first,” she said.

Morales also stressed the need for the Supreme Court to lay down “guidelines” on the proper application of the inordinate delay doctrine.

She noted that in some cases, courts have given leeway because of personnel changes or “dilatory tactics” employed by the respondents to prolong preliminary investigation.

The Ombudsman said it was unprecedented for the antigraft court to quash so many cases for violation of the accused’s right to the speedy disposition of their cases. On the other hand, she said this might as well be caused by the increase in indictments under her term.

In the past few months, many cases filed in connection with the 2004 fertilizer fund scam have been thrown out. Local officials who avoided trial include former Pampanga Gov. Lito Lapid, former Palawan Rep. Abraham Kahlil Mitra and Masbate Gov. Antonio Kho.

Other high-profile cases that did not reach trial include the 2008 conflict-of-interest case against Ozamiz City Mayor Reynaldo Parojinog and his daughter and Vice Mayor Nova Princess, the P6.1-billion Radstock debt settlement case against the officials of the Philippine National Construction Corp. and the 2008 pork barrel fund misuse case against former Zamboanga del Sur Gov. Aurora Cerilles.

One of the cases Morales feels sorry about is the graft case against former Bataan Gov. Leonardo Roman involving the 2004 construction of a P3.66-million mini-theater.
That case was dismissed by the Sandiganbayan Special Second Division last Dec. 13 because the Ombudsman took 11 years to bring the case to court.

She pointed out that her predecessor in 2008 originally found no probable cause to charge Roman with graft, prompting the complainant and his successor, Enrique Garcia Jr., to file a petition at the Supreme Court. It took the high court four years to resolve the case in November 2014 and order the Ombudsman to indict Roman.