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Visayas Deputy Ombudsman Pelagio Apostol?s decision not to adopt the findings of the committee that conducted the fact-finding inquiry into into the construction of the Cebu International Convention Center (CICC), a probe approved by Assistant Deputy Ombudsman Virginia Santiago and Director Carla Tanco, is quite objectionable.
Sources in the anti-graft office revealed that Apostol disagreed with the panel?s decision or recommendation which found enough evidence to upgrade the case toa formal investgiation and indict persons involved in the construction of the CICC, headed by Cebu Gov. Gwen Garcia. Some media quarters alleged that Apostol instructed the panel to look for evidence to clear the governor, an accusation Apostol has denied.
The controversy does not surprise the public, given the negative image the Office of the Ombudsman has acquired under the leadership of Merceditas Gutierrez, a classmate of First Gentleman Mike Arroyo at the Ateneo de Manila. Gutierrez has been accused of mishandling charges against government officials who are close to the Arroyos.
Apostol said that as the deputy ombudsman he had the power to modify, reverse or affirm the panel?s recommendation. With due respect to Apostol, our study of the procedures of the Office of the Ombudsman shows that findings of the investigating committee will have to be approved or disapproved by the assistant ombudsman, for the charges to be upgraded into administrative or criminal cases.
Once the formal charges are filed, the respondents could then be preventively suspended. The deputy ombudsman never intervenes at this level because the jurisdiction is still with the assistant ombudsman.
It was wrong for Apostol to insist that it was best to send the result of the fact-finding panel to the Office of the Ombudsman in Manila because there were some disagreement over the findings. I beg to disagree with the deputy ombudsman; his intervention was not well grounded or had no basis under the rule and practice, because the matter was still within the jurisdiction of the assistant ombudsman.
His action may be considered premature, and there?s a possibility that the Ombudsman in Manila will return the document to Cebu. The deputy ombudsman only gets into the picture when there are already formal administrative and criminal charges to be filed against the respondent, being the recommending authority on this matter.
Clearly, Apostol?s action is not consistent with procedures of the Office of the Ombudsman, and many are now asking why he did it. Why was he overzealous in acting on something without authority?
It is incumbent upon the deputy ombudsman to explain to the public his action, instead of trying to find out who ratted on him. When rules are bent, someone is bound to protest , especially if the wrongdoer is working with men and women of integrity.
I don?t now what Apostol can do to save the image of the Office of the Ombudsman, but I can assure the public that civil society watchdogs will not take this matter sitting down. I hope the Office of the Ombudsman acts on his bad call, which is an insult to the intelligence of the Cebuanos.
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People are hardly surprised by the coalition formed by the Nacionalista Party, headed by billionaire Manny Villar, and the late dictator?s party, the Kilusang Bagong Lipunan, now headed by Bongbong Marcos. Villar has been going to all corners, soliciting support for his presidential bid.
People were disappointed even more when Villar said that NP could accommodate both the leftist groups (negotiations between NP and the Left, headed by Satur Ocampo were reportedly ongoing) and KBL, as if to show he could do better than Jose de Venecia?s political tricks.
Manny and Bongbong tried to defend the coalition, saying that the past was the past and that we must move forward and seriously look at the qualifications of the persons and the platform of governments of those who are joining the coalition.
But how could we forget the past? Is history irrelevant, its lessons immaterial? How could the people ?move on? when those who gravely erred in the past have not even asked the people?s forgiveness?
A few days before, there were talks that Bongbong may be included in the Liberal Party?s ticket as a ?guest candidate.? It was even reported that Bongbong was just waiting to be invited by LP. Luckily, LP didn?t take the bait, because Kris Aquino may have forgiven the Marcoses but the people have not forgotten what the Marcoses did to the nation.
Does Villar really think that accommodating the KBL is politically sound? Sen. Nene Pimentel said he would support Villar?s bid, but would this vocal Marcos critic just turn a blind eye on Bongbong?s inclusion in Villar?s senatorial lineup? I think Villar was just hoping for solid votes from Northern Luzon. Is that worth sacrificing the votes of Filipinos who will never forget the dark years of the Marcos dictatorship?
We can expect many changes in the political arena when it comes to affiliations and memberships, especially in the Nacionalista Party. Some NP members and supporters will surely be disgruntled by Villar?s decision to embrace the Marcoses. All this will just boost the political stock of the Liberal Party as the frontrunner in the advocacy for change.
