The Ombudsman Should Know

Hole of Justice

By Peter G. Jimenea

 

The Ombudsman Should Know

“Injustice lies fairly in delayed decision than an erroneous one which can be appealed immediately, subjected to media and academic scrutiny or can be elevated to the Higher Court of public opinion.”

An Anti-Graft and Corrupt Practices Act (R.A. 3019) was filed in 2004 against then Iloilo City Mayor now Cong. Jerry P. Trenas, Melchor Tan, Catherine Tingson, Edwin Bravo, and contractor Alex Trinidad.  The others are former Mayor Mansueto Malabor and his former staff.

It is hard to believe that high profile local government officials may easily yield to temptation of greed. However, this P137M graft case that has consumed the city for years seems not good for the Office of the Ombudsman. From 2004 to 2009, no probable cause has been found against then Mayor Trenas & Co.

Graft investigators are mostly lawyers. On why they all failed to find probable cause against the mayor, only God knows. But a discreet and reasonable fish vendor can even ascertain that the unauthorized payment of Mayor Trenas to the contractor is already embraced in R.A. 3019. So who are they kidding?

Probable cause needs only to rest on evidence showing that most likely than not a crime has been committed. I never see officials so derelict and irresolute in the performance of duty than these graft investigators from the Ombudsman office. I say this as one thing we all abhor is their large propensity to selective prosecution.

Former Mayor Mansueto Malabor only signed the contract before turning it over to Mayor Trenas for implementation but was indicted. Trenas who spend almost all the money for the failed project was spared. This is not what I think the Ombudsman’s business is all about. Basi siguro dala ini sang “malandi nga climate change ”

Ombudsman Conchita Carpio Morales approved the resolution of underlings to set aside the case against Trenas & Co. without giving it a second look. It gives us an impression without affirming the perception that investigators assigned to this case have –less-working brains. See how the Resolution reads en toto;

“The Information accusing Jerry P. Trenas, Melchor Tan, Edwin Bravo, Catherine Tingson and Alex Trinidad for Violation of Sec. 3, Par (e) of RA 3019 as amended, for causing the release of the P43,807,733.33 for construction works of the ICHP in Pavia, Iloilo, despite reports that substandard materials were used in the project and defects, deficiencies and lapses in the work were noted, is HEREBY SET ASIDE.”

Set aside? What a shame! SEC. 16, ART. Iii of the 1987 Constitution reads: “All persons shall have the right to a speedy disposition of their cases before all judicial or administrative bodies.” Yet, they failed to expedite this case with reasonable timeliness in view of its mandate to promptly act on all complaints lodged before their office.

The failure of graft investigators to find probable cause against the mayor after six years is what irate me. They didn’t study their role and the responsibilities and accountabilities attendant thereto. They should know that It is not the duty of the respondent to go to Court to follow up his case. It is the duty of the State!

Defendant has no duty to bring himself to trial; the State has that duty, as well as the duty to insure that the trial is consistent with due process. The attempt to delay the trial in order to hamper or prejudice the defense should be weighted heavily against the State! Lex reprobate moram – the law disapproves of delay! (G.R. No. 191871).

In delay, it is the government that must bear the burden of proving its case beyond reasonable doubt. What if the witnesses in the case have gone away without informing the litigants? This makes impossible for the government to carry its burden. Culpa lata dolo a  equiparatur – “gross negligence is equivalent to malice or intentional wrong.” (Balatbat v. CA, 261 SCRA 128)

The Constitution and the Rules do not require impossibilities or extraordinary efforts, diligence or exertion from the courts or prosecutors, nor contemplate that such right shall deprive the State of the reasonable opportunity to fairly prosecute criminals.

As vanguard against corruption and bureaucracy, the Office of the Ombudsman must have a system of officials’ accountability to ensure that cases before it are resolved with reasonable dispatch to equally expose those who are responsible for its delays, as it ought to determine in this case.

The failed Pavia Housing Project of the Iloilo City Government is a story that won’t go away. It depicts the Ombudsman as a government office with graft investigators who specialized in a probe-in-eternity, delay resulting to more delays, or mora decidendi - delay in deciding cases. This deliberate misdeed eventually redounds to miscarriage of justice. (370 SCRA 658).