Palace to Ombudsman: Prove us wrong

MANILA, Philippines - Malacañang yesterday challenged Ombudsman Merceditas Gutierrez to prove her worth and independence in the effort to investigate the anomalies of the past administration.

Presidential spokesman Edwin Lacierda said Gutierrez should overcome the perception that her loyalty still remains with the Arroyos who appointed her to the position.

“She should prove her independence and resolve to prosecute government officials,” Lacierda said.

He said Gutierrez took the right direction on Friday in recommending the filing of graft charges against former agriculture secretary Luis “Cito” Lorenzo and undersecretary Jocelyn “Jocjoc” Bolante over the P728-million fertilizer fund scam.

“We are glad that she has the resolve to prove her independence,” Lacierda noted.

Like everybody else, Lacierda said it would have been better if Gutierrez - a classmate of former first gentleman Mike Arroyo at the Ateneo law school, and former chief presidential legal counsel of former President Gloria Macapagal-Arroyo - had shown her independence early on.

Lacierda said Gutierrez should have asserted her independence during the previous administration.

Lacierda though did not say if it would be proper for Gutierrez to inhibit on the prosecution of officials in the Arroyo administration.

“We can’t dictate on the Ombudsman. She has her own sense of decency. She had to decide on that, particularly on cases involving the officials of the Arroyo administration,” he said.

Shortly after the Ombudsman announced the filing of graft cases against Lorenzo and Bolante on Friday, Lacierda expressed his misgivings over the impartiality of Gutierrez.

Lacierda cited the series of past decisions of the Ombudsman clearing the Arroyos of any wrongdoing.

“We have already expressed skepticism toward her past decisions. They should prosecute all corrupt government officials - friend or foe. They should not be selective in prosecuting them,” Lacierda said.

This was the reason why President Aquino created the Truth Commission and appointed retired chief justice Hilario Davide to probe the anomalies of the Arroyo administration.

He said the Truth Commission was necessary in order to force Gutierrez - to whom the commission’s findings will be submitted for approval - to make her own decision based on all the evidence that will be turned over.

Lacierda clarified though that this was not pre-judging the decisions of the Ombudsman.

He said this would be entirely up to the Ombudsman to upgrade the charges against Lorenzo and Bolante to a non-bailable offense of plunder.

He said the case exceeded the P50-million cap on plunder suits, as it involved a total of P728 million.

While he downplayed persuasions that Gutierrez - who is set to retire in December 2012 - might be impeached by Mr. Aquino’s allies in Congress, Lacierda said it would entirely depend on Gutierrez if she would step down early.

Lacierda hinted that another question that may be raised is the seven-year term of Gutierrez.

Some quarters said Gutierrez should have only served the unexpired term of her predecessor Simeon Marcelo who was to serve until last year.

Marcelo resigned in 2005 due to health reasons. Arroyo appointed Gutierrez and gave her a seven-year term as the Ombudsman.

“We respect the office, but we have doubts on the occupant. We are recognizing the Ombudsman as a constitutional body, but we have doubts on its occupant,” Lacierda said.

He said one of the “options” to remove Gutierrez from office is impeachment, a decision that rests upon Congress.

“That (Ombudsman) is a constitutional body that will have to stay there for now. In the meantime, the Truth Commission is there. Our promise to you is that we will put a closure to all the controversies. So that is what we’re going to do,” Lacierda said.

The Ombudsman recommended the filing of charges against Lorenzo and Bolante, but the case should first undergo preliminary investigation since Lorenzo has been added as a principal accused.

Lorenzo would be required to answer the charges during the preliminary investigation before the criminal complaint is filed before the Sandiganbayan.

Lorenzo and Bolante were accused of malversation of public funds for violating the Anti-Graft and Corrupt Practices Act (Republic Act 3019).

Bolante was further accused of falsification of public documents and grave misconduct, among other charges.

Lorenzo, on the other hand, was accused of allowing Bolante to dispose of the funds.