Sen. Miriam Defensor Santiago said that Ombudsman Merceditas Gutierrez may have culpably violated the Constitution in delaying investigation of public works officials who facilitated the alleged rigged bidding of World Bank -funded road projects.
Santiago quoted the Constitution: “The Ombudsman shall act promptly on complaints filed, and shall notify the complainants of the action taken and the result.”
This developed as finance secretary Margarito Teves passed the blame for the delay to the Ombudsman.
In his letter to Santiago dated 27 January, Teves said: “After we received the strictly confidential referral report of the World Bank on 16 November 2007, considering the urgency of the matter, we immediately forwarded the said report to the Office of the Ombudsman on the next working day, 19 November 2007. We believed that the Ombudsman has legal jurisdiction over the investigation and the necessary resources to conduct a thorough inquiry.”
Santiago said that the Constitution further requires the Ombudsman “to expedite any act required by law, or to stop, prevent, and correct any abuses or impropriety in the performance of duties.”
“The Ombudsman cannot claim that she had to build a case for over a year, because the Constitution gives her the power to request any government agency such as the NBI, for assistance and to examine pertinent records and documents,” Santiago said.
Santiago said that under the Ombudsman’s own Rules of Procedure which adopts the Rules of Court, the period for preliminary investigation should only take some 45 days.
In her excuse slip submitted to Santiago before the hearing last Tuesday, Gutierrez cited an internal rule in the Office of the Ombudsman which prohibits disclosure of facts before preliminary investigation is completed.
“The issue is why it took so long for the Ombudsman to act. There is no issue about its internal rules,” Santiago said.
Gutierrez reportedly announced that she will release the results of her investigation by February.
Santiago said that although the Constitution provides that the Ombudsman shall be independent, the Constitution merely means that the Ombudsman is independent of the executive branch.
“Nowhere in the Constitution is there a provision granting the Ombudsman immunity from Senate invitations or subpoena. On the contrary, the Constitution expressly gives to the Senate the power to conduct inquiries in aid of legislation,” she said.
Popularity: 1% [?]
It would be best if Sen. Lacson could produce witnesses to support his claim. Otherwise, FG could easily rub off the allegations of influencing peddling . Until Sen. Lacson presents any credible witness, Senator Santiago as chair of the investigating committee could only recommend the resignation of the involved officials and suspend the investigation.
That Lady Senator simply cannot understand the
point of the World Bank.
The Philippines corruption index rating is very
high. There is a valid report of asking for
bribes from powerful people.
They know that if they come to testify. Nothing
will come out of it. The people in power are the perpetrators. These World Bank people have
brains. The Politicians are out of touch. They pretend they dont see. Or they dont have brains.
Do you know that there are good Financial
Investigators from the World Bank. They must
be amused to see these politicians shouting
against everybody. They know some of these
people have huge bank accounts in foreign banks.
Just have a good self examination. Whoever is
concerned. “Bato bato sa langit ang tamaan, ay
huwag magagalit”.
Where is justice in this country? How do we stop corruption when there are people who can be bribed? Or let us just accept the fact that they have connections from the top.
How could a certain Atty. Emmanuel P. Leonardo, Registrar of Deeds of Caloocan, just laughed and disregard the order of Ombudsman Gutierrez for a 6 month preventive suspension without pay pending an investigation of their alleged involvement in a tax scam? Yes, it’s true, it will no longer implemented, thanks for the effort of Atty, Ryan of RD Caloocan. According to Atty. Leonardo, he is the nephew of Ombudsman Gutierrez and that there will be no more suspension. Money talks for Department of Justice and Ombudsman. Poor Secretary Narciso Santiago who tried his best as Presidential Adviser on Revenue Enhancement, their task force was indeed a useless. Doing his job, he got personal insults from Atty. Leonardo for being dumb, having not passed the bar exams after several takes and harassing the Registrar of Deeds is a way for Sec. Santiago to extract money from them.
I was just thinking if Atty. Leonardo is aware that the poor secretary he was insulting could be the husband of Senator Miriam Defensor. He is aware maybe, but he is not afraid of her . He has his padrino and money so he can get away from all the cases filed against him. With his big mouth, we are all aware of his connections.
Despite cases filed against him, he is still enjoying a juicy position. Who is behind Atty. Leonardo? Maybe he would stop dragging the name of the First gentleman. I still believed, he doesn’t know FG personally though he acts as if he has his blessings.
I just hope Ombudsman Gutierrez and the new Secretary of Justice will not tolerate this kind of corrupt practices.
4 gov’t execs on 6-month suspension sans pay
By Philip Tubeza
Philippine Daily Inquirer
First Posted 23:59:00 06/28/2009
MANILA, Philippines—Ombudsman Ma. Merceditas Gutierrez has ordered the six-month preventive suspension without pay of four public officials pending an investigation of their alleged involvement in a tax scam.
Caloocan City Register of Deeds Emmanuel P. Leonardo and Bureau of Internal Revenue (BIR) officers Myrna Lou I. Tabije, Jezzebelle Bercasio, and Susana C. Descallar were ordered suspended after they were accused of grave misconduct, dishonesty, and conduct prejudicial to the best interest of the service in connection with their assessment and collection of taxes from Ma. Theresa S. Manahan.
“Let this be a warning to public officers not to participate in these scam. Every year, the public coffers are cheated out of billions of pesos because of these scams,” said Secretary Narciso Santiago Jr., Presidential Adviser on Revenue Enhancement.
Santiago was the head of a special task force—composed of representatives from the Department of Justice, the Office of the Ombudsman, and the Commission of Audit—which investigated and filed the complaint against the four officials.
The task force was created to probe corruption and irregularities in the transfer of real properties, and prosecute the private persons and public officers involved in these scams.
The case against the four was based on the BIR officers’ failure to collect a six percent capital gains tax on a real estate transaction carried out by Manahan.
According to the BIR officials, Manahan should pay only a three percent withholding tax on all her real estate transactions because she was “habitually engaged in the selling of real estate properties.”
Leonardo, meanwhile, registered the real estate transaction even though the tax paid by Manahan was grossly under-assessed and underpaid.
However, the Ombudsman later ruled that Manahan was not habitually engaged in the business of selling real properties and as such, was not qualified for the lower tax rate.
In her order which was issued recently, Gutierrez said the preventive suspension of the public officers was warranted because the evidence of their guilt was strong, adding that their continued stay in office might prejudice the case filed against them.
She also said the charges against them involved dishonesty and grave misconduct and would warrant their removal from the service.